Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

BACKGROUND 

This is a breach of contract and fraud case.  Plaintiff Jocelyn Donald (or “Jozzy”) is a songwriter who has written or co-written songs for such well-known artists as Timbaland, Usher, and Fergie.  Plaintiff co-wrote the remix version of “Old Town Road” by Lil Nas X and Billy Ray Cyrus which is one of the best selling singles of all time and was nominated for a Grammy.   

In 2015, Plaintiff entered into a music co-publishing agreement with Defendant Music Publishing Accelerator LLC (“MPA”) in which Plaintiff granted MPA the sole right to administer her compositions, including the right to license others to exploit her songs and collect the money from those songs (the “Agreement”).  Pursuant to the terms of the Agreement, MPA was required to pay Plaintiff royalties and provide her an accounting.  Plaintiff alleges MPA has provided neither.   

Plaintiff and MPA subsequently entered into a termination agreement, whereby the parties agreed that the Agreement would be terminated as to all future compositions.  On the same day, Plaintiff entered into a new agreement with Sony/ATV Tunes, in which the parties agreed that all future compositions would be administered by Sony/ATV.  As a condition for allowing the termination, MPA got 25% of all advances, royalties and other sums that would otherwise be payable to Plaintiff under the Sony/ATV agreement.  The termination agreement did not impact MPA’s continuing obligation to pay royalties or provide an accounting on existing songs. 

The operative complaint alleges claims for (1) breach of contract, (2) accounting, (3) fraud and (4) unfair business practices.  Plaintiff requested entry of default against MPA on March 31, 2023, which the Clerk’s office rejected because Plaintiff had failed to dismiss the doe defendants.   

Treehouse Publishing LLC (“Treehouse”) is a member, manager and secured creditor of MPA.  On July 20, 2023, this Court granted Treehouse’s motion to intervene and ordered a stay of any default proceedings for 45 days (until August 21, 2023.)   

On August 2, 2023, the Court held a hearing on the OSC re Submitted Proposed Default Judgment.  Plaintiff did not appear for the hearing as she believed the OSC would be taken off calendar or scheduled for a date after August 21, 2023.  When Plaintiff failed to appear, the Court dismissed the case without prejudice.    

This hearing is on Plaintiff’s motion for reconsideration.  Plaintiff argues the Court’s dismissal order was done in error as there was a stay on any default proceedings which led Plaintiff to believe it did not need to appear for the August 2, 2023 OSC.  There is no opposition to the motion for reconsideration.    

DISCUSSION 

A motion for reconsideration must be filed “within 10 days after service upon the party of written notice of entry of the order.”¿ Code Civ. Proc. 1008(a).¿ The Court’s minute order dismissing the case was served by mail with a certificate of mailing dated August 2, 2023.¿ Pursuant to Civ. Proc Code §1013(a), the time to file the motion for reconsideration is extended by five calendar days where service of the order was made by mail.¿ Accordingly, the motion for reconsideration is due by August 17, 2023.¿ Plaintiff filed the instant motion on September 11, 2023, and accordingly, her motion is untimely. 

Notwithstanding, the Court exercises its inherent authority to correct an erroneous ruling on its own motion.  (In re Marriage of Barthold (2008) 158 Cal.App.4th 1301, 1303.)  The Court should not have dismissed the case for failure of counsel to appear at an August 2, 2023 OSC relating to entry of default judgment when default judgment proceedings were stayed until August 21, 2023.      ¿¿  

CONCLUSION 

Based on the foregoing, the Court GRANTS Plaintiff’s motion for reconsideration.  The Court further sets a case management conference on December 5, 2023 at 9:00 a.m. 

 

IT IS SO ORDERED. 

 

DATED: October 5, 2023 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court