TENTATIVE 

Plaintiffs Jonathan Sims (“Sims”) and Natalie Sanaee (“Sanaee”) (collectively, “Plaintiffs”) filed this action against defendants Ovita Alexis Hines (“Defendant”) and Does 1 to 50 for damages arising from a motor vehicle collision. Plaintiffs allege Defendant was the owner and operator of the motor vehicle that collided with the vehicle driven by Sims, and in which Sanaee was a passenger.  

Plaintiffs have properly dismissed all unnamed Doe defendants. Plaintiff Sims seeks $12,675 in special damages, and $25,000 in general damages against Defendant.  

Plaintiff Sanaee seeks $2,275 in special damages, and $10,000 in general damages against Defendant.  

This is Plaintiff’s first request for court judgment. The request submitted on March 25, 2024 is DENIED for the following reasons: 

First, Plaintiffs’ declarations are not sworn. There is no penalty of perjury clause. A declaration is defective under governing statute absent an express facial link to California or its perjury laws. (Kulshrestha v. First Union Commercial Corp. (2004) 15 Cal.Rptr.3d 793, 33 Cal.4th 601; see also Code Civ. Proc., section 2015.5.) 

Second, Plaintiffs must authenticate their own medical records and bills. Plaintiffs’ counsel was not the recipient of the medical treatment and did not personally incur the medical bills, nor is counsel alternatively the custodian of the records, to be able to properly attest to Plaintiffs’ damages. Plaintiffs must attest to their own damages and authenticate their own records, in that they are true and accurate, in support of the damages sought.  

Third, the proof of service of the summons and complaint includes a listing of the Statement of Damages, all of which were purportedly served on Defendant on May 13, 2023. Plaintiffs submit only a copy of the Statement of Damages as it pertains to Sims. Plaintiffs must also furnish a copy of the Statement of Damages related to Sanaee. (CRC 3.250(a)(20).) 

No later than ___________, Plaintiff is to submit a new default judgment package correcting these defects.  Failure to do so may result in the imposition of sanctions, including monetary sanctions and/or dismissal. The OSC re entry of default judgment is continued to ______________.