Vertical Construction, Inc. v. Illa Canna, LLC

DATED: August 20, 2026 _____________________________ Robert B. Broadbelt III Judge of the Superior Court

Court of California County of Los Angeles - Central District Department 513 Vertical Construction, Inc.; Petitioner, vs. Illa Canna, LLC; Respondent. | Case No.: |

| | | Hearing Date: | August 20, 2026 | | | Time: | 10:00 a.m. | | | [Tentative] Order RE: (1) Petition to Confirm Arbitration Award (2) Petition to Vacate Arbitration Award |

MOVING PARTY: Vertical Construction, Inc. RESPONDING PARTY: Illa Canna, LLC (1) Petition to Confirm Arbitration Award MOVING PARTY: Illa Canna, LLC RESPONDING PARTY: No response. (2) Petition to Vacate Arbitration Award The court considered the moving, opposition, and reply papers filed in connection with the petition to confirm arbitration award. The court also considered the moving papers filed in connection with the petition to vacate arbitration award. No response to that petition was filed.

DISCUSSION Petition to Confirm Arbitration Award Petitioner Vertical Construction, Inc. ("Petitioner") petitions the court for an order confirming an arbitration award made in favor of Petitioner, and against respondent Illa Canna, LLC ("Respondent"), on August 8, 2025. "Any party to an arbitration in which an award has been made may petition the court to ¿ confirm, correct or vacate the award. ¿ The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award. " ¿ (Code Civ.

Proc., Sec. 1285.) ¿ " A petition under this chapter shall: ¿ [P.] (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement. ¿ [P.] ¿ (b) Set forth the names of the arbitrators. ¿ [P.] ¿ (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any. " ¿ (Code Civ. Proc., Sec. 1285.4.) ¿ " If a petition or response under this chapter is duly served and filed, 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 proceeding. " ¿ (Code Civ.

Proc., Sec. 1286.) ¿ Any response to the petition is required to be filed and served within 10 days after service of the petition. ¿ (Code Civ. Proc., Sec. 1290.6.) The court finds that Petitioner has (1) set forth the contract that required the parties to arbitrate, (2) set forth the name of the arbitrator (Jane G. Kearl), and (3) attached a copy of the arbitration award. (Pet. to Confirm, P.P. 4, subds. (c), (6) and Attachments 4(c) and 8(c).) Respondent opposes the petition and separately seeks to vacate the award on the grounds

that (1) the award was procured by fraud or unfair means; (2) the arbitrator exceeded her powers; and (3) the arbitrator refused to hear material evidence. (Code Civ. Proc., Sec. 1286.2, subd. (a)(1), (4), (5).) First, the court finds that Respondent did not meet its burden to demonstrate that the award was procured by fraud or unfair means. Respondent cites no evidence establishing that Petitioner's claimed damages were barred by the terms of the parties' contract. Nor does Respondent cite any evidence showing that Petitioner's evidence of damages were "fabricated."

Further, Respondent has not shown that the arbitrator excluded any impeachment evidence from consideration. The absence of any discussion in the Final Award is not proof of what the arbitrator did or did not consider. Second, as stated above, Respondent has not shown that the arbitrator improperly excluded any evidence, because the absence of discussion in the Final Award is not proof of what evidence the arbitrator admitted. Third, the court finds that Respondent did not meet its burden to demonstrate that the arbitrator exceeded her powers, because Respondent does not cite any contractual terms which restricted the arbitrator's power to award damages.

Generalized argument is not evidence. For the reasons set forth above, the court grants the petition to confirm the arbitration award. Petition to Vacate Arbitration Award Respondent petitions the court for an order vacating the arbitration award for the reasons stated in Respondent's opposition to the petition to confirm. The court finds that Respondent has not met its burden to establish any grounds to vacate the arbitration award. (Petition to Vacate Contractual Arbitration Award, filed November 13, 2025, P. 10.c(1).)

For the reasons stated above, the court denies the petition to vacate the arbitration award. ORDER The court GRANTS Vertical Construction, Inc.'s petition to confirm contractual arbitration award. The court DENIES Illa Canna, LLC's petition to vacate arbitration award. The court orders that the arbitration award, dated August 8, 2025 (attached as Exhibit 8(c) to Vertical Construction, Inc.'s petition to confirm contractual arbitration award), is confirmed and judgment shall be entered in conformity with that award (in favor of Vertical Construction, Inc., and against Illa Canna, LLC, for $653,284.60 in damages plus interest from February 15, 2024 at the legal rate, $178,919.04 in attorney's fees, and $20,050 in costs).

The court orders petitioner Vertical Construction, Inc. to prepare, serve, and file with the

court a proposed judgment within 10 days of the date of this order. The court sets an Order to Show Cause re: entry of judgment on October 22, 2026, at 8:30 a.m., in Department 513. The court orders petitioner Vertical Construction, Inc. to give notice of this ruling. IT IS SO ORDERED. DATED: August 20, 2026 _____________________________ Robert B. Broadbelt III Judge of the Superior Court | Home -->)" -->