TENTATIVE 

This is an action for breach of contract and common counts. Plaintiffs Pablo Gomez Luna (“Luna”) and Lucas Logistics, Inc. (collectively, “Plaintiffs”) allege that defendants Bryan Rubio (“Defendant”) and Does 1 to 10 entered into a written agreement for Plaintiffs to loan Defendant money for his personal use. “Defendant was to pay the money, $3,500.00 at an interest rate of 2% a month and a pre-loan payment of 3% ($300.00). The loan term would be for one (I) months, due an payable on April 1, 2021. In addition, Defendant was to pay for any and all credit card uses of Plaintiffs credit card from April 1, 2021, in the amount of $ 15,092.00. Defendant agreed to pay a monthly payment of $ 1,500.00. Defendant failed to repay the loan and credit card charges.” (Compl. p. 3.) 

On default judgment, Plaintiffs request $18,219.98 in principal damages, $18,726.56 in interest, $2,250 in attorney fees, and $585 in costs.  

Plaintiffs’ request for default judgment filed on May 7, 2024 is denied for the following reasons: 

First, Plaintiff Luna’s declaration is not sworn. There is no penalty of perjury clause, and notarization of Plaintiff’s signature neither adds to nor cures this defect. Code Civ. Proc., section 2015.5. Section 2015.5 provides that within California, the certification may substantially follow “I certify (or declare) under penalty of perjury that the foregoing is true and correct under the laws of the State of California that the foregoing is true and correct.” 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, Plaintiff seeks 2% monthly interest for the first contract of $3,636.11 and second contract for $15,092.43 starting on May 1, 2021. However, no interest computation was provided in support of this calculation. (See Cal. Rules of Court, Rule 3.1800(a)(3).) 

Third, Plaintiff does not state either a statutory or contractual basis to recover attorney fees. On the amended application, should Plaintiff provide an applicable ground to recover these fees, the Court refers Plaintiff to Local Rule of the Court, rule 3.214(a), which provides a fee schedule for attorney’s fees.  

No later than __________________, Plaintiffs are 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 ____________.