TENTATIVE 

Plaintiff SellersFunding International Portfolio LTD (“Plaintiff”) filed this breach of contract action against defendants Marner Holdings Inc., Eduardo Rojas Hernandez, and Does 1 to 5. The complaint alleges Plaintiff loaned monies to Marner Holdings Inc. and that Eduardo Rojas Hernandez personally guaranteed the obligation. (Compl. Exh. A.) Defendants failed to repay the monies as required by the contract. The prayer seeks payment of $275,000. 

Plaintiff obtained entry of default against Marner Holdings, Inc. on July 20, 2023, and against Eduardo Rojas Hernandez on October 9, 2023.  

Plaintiff now seeks default judgment against Marner Holdings Inc. and Eduardo Rojas Hernandez (collectively, “Defendants”) in the principal amount of $192,809.64 ($275,000 demanded in the complaint less $82,190.36 for credits acknowledged), $22,027.84 in interest, $774.59 in costs, and $8,982.39 in attorney fees. All unnamed Doe defendants have been properly dismissed. 

I. Principal Damages 

Plaintiff seeks the principal amount of $192,809.64 against Defendants. In support thereof, Plaintiff proffers the declaration of Fawad Khan (“Khan”), the Global Collections Manager for Plaintiff. Khan declares he is responsible for negotiating the contracts provided in the complaint and the repayment terms. (Khan Decl. ¶ 1.) Khan testifies that the contracts required Marner Holdings Inc. to sell defendant’s accounts receivable to Plaintiff; Plaintiff paid Defendant the sum of $249,341 for the accounts receivable, and Defendant was required to repay Plaintiff the amount of $278,995 at the rate specified in the contract. (Khan Decl. ¶ 3; Exh. 2.) Defendants made the required payments totaling $87,332.56 but failed to continue making the bi-weekly payments on February 6, 2023. (Khan Decl. ¶ 4.) therefore, Plaintiff avers Defendant owes Plaintiff the remaining sum of $192,809.64 as of February 22, 2024. (Ibid.) 

Plaintiff seeking recovery of the principal amount of $192,809.64 is granted. 

II. Interest 

Plaintiff seeks prejudgment interest at the annual rate of 10% based on the principal damages of $192,809.64, calculated from the date of the contractual breach on February 6, 2023 to March 29, 2024, which totals $22,027.84. Plaintiff’s counsel provides the interest computation as required by CRC 3.1800(a)(3).) 

Plaintiff’s request for interest in the amount of $22,027.84 is granted. 

III. Attorney Fees 

Plaintiff seeks $8,982.39 in attorney fees arising from this breach of contract claim. The award of attorneys' fees is allowable only when authorized by contract, statute or law. Here, Plaintiff has not established entitlement to attorney fees. Plaintiff does not point to any provision in the contract which expressly allows for the recovery of attorney fees, nor does Plaintiff cite to any statute or law that would entitle to Plaintiff to such in this action. 

Further, even if Plaintiff is able to cure this defect by affirmatively demonstrating entitlement to attorney fees, the request for attorney’s fees is greater than that listed in the Los Angeles Superior Court, Local Rule 3.214 fee schedule. 

Plaintiff’s request for attorney fees is therefore denied. 

IV. Costs 

Plaintiff seeks $774.59 in costs for clerk’s filing fees, process server’s fees, and electronic filing fees. The costs are allowable pursuant to CCP § 1033.5, and therefore granted. 

V. Conclusion 

Plaintiff SellersFunding International Portfolio LTD’s application for default judgment filed on March 29, 2024 is GRANTED in the amount of $215,612.07 (consisting of $192,809.64 in principal damages, $22,027.84 in prejudgment interest, and $774.59 in costs) against defendants Marner Holdings Inc. and Eduardo Rojas Hernandez.