Petition to Confirm, Correct, or Vacate Contractual Arbitration Award
34-2021-00298009-CU-FR-GDS: Kylae Jordan vs. Jeffrey Landon Long 01/07/2025 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 53
Tentative Ruling
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
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34-2021-00298009-CU-FR-GDS: Kylae Jordan vs. Jeffrey Landon Long 01/07/2025 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 53
or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING
Plaintiff Kylae Jordans (Plaintiff) Petition for an Order Confirming Arbitration Award and Entering Judgment is UNOPPOSED and GRANTED as follows.
This action began when Plaintiff filed his complaint against Defendants alleging a plethora of causes of action ranging from fraud, violations of the Corporations Code, breach of fiduciary duty, breach of contract, accounting and more. The action arises from Plaintiff's $500,000 investment into Defendants' cannabis manufacturing business in exchange for three million shares of preferred stock. Plaintiff alleges that misrepresentations were made to induce him to make his investment by Defendant Landon Long, Icon's CEO and the managing member of Infusion.
On July 28, 2021, Defendants Jeffrey Landon Long, Linda Long, Daniel Long, Marie Csech, Icon Holdings, Inc, Infusion Factory, LLC (Defendants) filed a stipulation to stay action pending arbitration. Subsequently, the parties engaged in arbitration before Hon. David Brown (retired) on November 27, 2023, December 1, 2023, and February 5, 2024. The arbitrator issued a final award on November 19, 2024, requiring Defendants, jointly and severally, to pay Plaintiff the following amounts: a. $500,000 return of investment; b. $224,588.33 in accrued interest at 7% through October 24, 2024; c. $255,642.50 in attorney's fees d. $115,716.90 in costs
Defendants Landon Long and ICON Holdings, Inc. were further required to pay Plaintiff the amount of $25,000 in punitive damages.
Any party to an arbitration in which an award has been made may petition the court to confirm. . . the award. (Code Civ. Proc. § 1285.) A petition under section 1285 must set forth the following: (1) The substance of or have attached a copy of the agreement to arbitrate unless the respondent denies the existence of such an agreement; (2) The names of the arbitrators; and (3) A copy of the award and the written opinion of the arbitrator, if any. (Code Civ. Proc § 1285.4.) A
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2021-00298009-CU-FR-GDS: Kylae Jordan vs. Jeffrey Landon Long 01/07/2025 Hearing on Petition to Confirm, Correct, or Vacate Contractual Arbitration Award (Alternative Dispute Resolution) in Department 53
petition to confirm must be filed and served within four years after the date of service of a signed copy of the award on the petitioners. (Code Civ. Proc § 1288.) Petitioner has satisfied the foregoing requirements.
Once a petition to confirm is properly filed, section 1286 provides that the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings. (Code Civ. Proc § 1286.) Pursuant to section 1286, the petition must be granted.
Plaintiff petitions the Court to affirm the arbitration award dated November 19, 2024 and enter judgment in compliance with said order, pursuant to Code of Civil Procedure sections 1285 and 1287.4. This Petition is unopposed. The Court finds the Petition meets the requirements of sections 1285, 1285.4, and 1288. Accordingly, the petition to confirm the arbitration award issued on November 19, 2024 is GRANTED. Therefore, the Court confirms the arbitration award and will enter judgment according to the award.
Seeing no objections, the Court will sign the proposed order.