This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Securities
Breach of Promissory Note

Wells Fargo Advisors LLC v. Rex Bernard Ramsey

Published: Aug. 25, 2017 | Result Date: Jul. 11, 2017 | Filing Date: Aug. 25, 2016 |

Case number: FINRA 16-02793 Arbitration –  $34,800

Arbitrator

Nancy J. Spieczny


Attorneys

Claimant

Rebecca L. Gerome
(Bland, Navarro & Weber LLP)


Respondent

Christopher Carrillo
(Law Office of Christopher M. Carrillo)


Facts

Wells Fargo Advisors LLC filed a claim against Rex Ramsey. Ramsey, in turn, filed a counter-claim against WFA. The causes of action relate to a Note Ramsey executed while employed with Wells Fargo.

Contentions

CLAIMANT/COUNTER-RESPONDENT’S CONTENTIONS: Wells Fargo asserted a cause of action for breach of promissory note dated Nov. 18, 2011. Wells Fargo denied respondent/counter-claimant’s allegations.

RESPONDENT/COUNTER-CLAIMANT’S CONTENTIONS: Ramsey denied the allegations and asserted various affirmative defenses. In his counter-claim, he asserted causes of action for fraud and deceit; breach of oral contract; discrimination and unlawful employment practices based on physical disability; discrimination based on denial of reasonable accommodation regarding physical disability; discrimination based on refusal to engage in the interactive process; and breach of the implied-in-fact contract of employment (wrongful termination).

Damages

Wells Fargo sought the principal balance of $68,016 plus interest, cost of collection, attorney fees, and other relief. Ramsey sought general, special, and punitive damages as well as attorney fees and costs.

Result

The parties ultimately reached a confidential settlement. Thereafter, the FINRA Panel entered an award finding Ramsey liable to Wells Fargo in the amount of $34,800, subject to offsets. Among other things, it also dismissed Wells Fargo’s claim without prejudice and Ramsey’s counter-claim with prejudice.

Other Information

ARBITRATORS: Nancy J. Spieczny, Annette Gres Shepherd, Joseph L. Hagan.


#127956

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390