Judge: John J. Kralik, Case: 19BBCV00929, Date: 2022-10-28 Tentative Ruling

Case Number: 19BBCV00929    Hearing Date: October 28, 2022    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

woodhill ventures, llc dba big sugar bakeshop,

                        Plaintiff,

            v.

 

BEN YANG,

                        Defendant.

                              

  Case No.:  19BBCV00929

 

  Hearing Date:  October 28, 2022

 

  [tentative] order RE:

Motion for Issuance of a new writ of execution  

 

BACKGROUND

  1. Allegations of the Operative Complaint

Plaintiff Woodhill Ventures, LLC dba Big Sugar Bakeshop (“Plaintiff”) is a small business bakery.  Plaintiff alleges that Defendant Ben “Ben Baller” Yang (“Defendant”) made numerous profane, libelous, and slanderous comments on social media and his podcast accusing Plaintiff of putting Drugs/RX prescription pills on his son’s birthday cake.  

The operative complaint, filed October 17, 2019, alleges causes of action for: (1) libel; (2) slander; and (3) unfair business practices.

  1. Relevant Background and Motion on Calendar

On September 26, 2022, Plaintiff filed an ex parte application for a return of the writ of execution and issuance of a new writ of execution. 

The ex parte application came for hearing on September 27, 2022.  The application was not opposed at that time.  The Court noted that Defendant did not appear to the hearing.  The Court denied without prejudice the ex parte application, but allowed Plaintiff to bring the motion on October 28, 2022 and allowed Plaintiff to proceed on its present papers or to renew the motion with new and additional authority.  The Court stated its intention to give the Clerk of the Court a chance to respond.

On September 30, 2022, Plaintiff filed a motion for issuance of a new writ of execution.  The Court will consider this the operative moving papers.  In the motion, Plaintiff states that it is proceeding on its ex parte application papers, filed on September 26, 2022, and attaches a copy of the application with the moving papers.

The Court is not in receipt of an opposition brief.

DISCUSSION

            The Court notes that the jury trial for this case has commenced and is still pending.          

            The Court will continue the hearing on this motion to November 4, 2022, so that the hearing on the motion does not interfere with the trial.

CONCLUSION AND ORDER

Plaintiff’s motion for issuance of a new writ of execution is continued to November 4, 2022 at 8:30 a.m. 

            Plaintiff shall provide notice of this order.