San Diego Retiree Sues Morgan Stanley Over Losses

A California resident has filed a petition to compel arbitration over losses exceeding $5 million.

Updated on Oct. 28, 2026 in Investing

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San Diego retiree Michael J. Massery has filed a petition to compel arbitration against Morgan Stanley following investment losses exceeding $5 million. AI Illustration. Upload story photo >

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A San Diego retiree, Michael J. Massery, has initiated legal action against Morgan Stanley and advisor Nicholas S. Westendorf. The claimant is seeking to move a dispute regarding significant investment losses into arbitration.

Why it matters

The case highlights the risks associated with covered-call trading strategies and the standard procedural path for resolving high-value disputes in the brokerage industry. It serves as a reminder of the contractual nature of client-advisor relationships in private wealth management.

The claimant alleges he lost more than $5 million in stock holdings due to the specific investment strategy employed by his advisor. The petition is currently seeking to force the dispute into Financial Industry Regulatory Authority arbitration.

The players

Michael J. Massery

A retiree based in San Diego who is the claimant in the legal action.

Morgan Stanley

A global financial services firm whose brokerage unit is named as a defendant in the petition.

Nicholas S. Westendorf

A financial advisor associated with the investment dispute.

The details

The legal petition filed in a California court claims the covered-call strategy used by the defendants resulted in the depletion of more than $5 million in stock value. Massery is now formally requesting a move to compel arbitration to address these claims against the brokerage unit.

Timeline

  1. October 28, 2026: The legal matter gained public attention.

Market Dynamics

This dispute reflects the standard legal pathways established by Financial Industry Regulatory Authority arbitration protocols for brokerage conflicts. It highlights the long-term shift toward mandatory arbitration in wealth management contracts.

This case underscores the importance for retail investors to review the arbitration clauses within their specific brokerage agreements. Understanding the risks inherent in complex strategies like covered-calls is critical for protecting personal savings and long-term wealth.

The takeaway

Investors should maintain a clear understanding of the specific trading strategies their advisors are authorized to execute on their behalf. Reviewing account agreements for mandatory arbitration clauses can help clarify your options if a dispute arises regarding portfolio performance.

Further reading

Learn more about common investment disputes in the Investing section.

Source note: This article includes information reported by Financial Advisor IQ.

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