Javier Cruz vs Eric Hansen

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Case Name: Javier Cruz vs Eric Hansen Case Number: 22CV398311

Defendant/Cross-Complainant ERIC C. HANSEN (Hansen) moves the Court to strike the Answer of JAVIER JOSE CRUZ (Cruz) to Hansen’s Cross-Complaint and to enter his default thereon and for an award of monetary sanctions.

As is apparent from the record in this case, Cruz did nothing to prosecute his case and has done nothing in defense of the Cross-Complaint. The Court has ordered Cruz to pay additional monetary sanctions in a total amount of $8,351.06 and he has paid nothing. Hansen’s motion is well taken. Not surprisingly, Cruz has filed no opposition to the motion. “[T]he failure to file an opposition creates an inference that the motion ... is meritorious.” (Sexton v. Super Ct. (1997) 58 Cal.App.4th 1403, 1410.)

Hansen’s motion is GRANTED. Cruz’s answer to the Cross-Complaint is hereby STRICKEN. Hansen may therefore pursue default and default judgment on the Cross- Complaint.

In addition, Hansen’s request for additional monetary sanctions in the amount of $1,035.75 is GRANTED. Cruz shall pay Hansen this additional $1,035.75 within 30 days of the date of service of this order.

Defendant/Cross-Complainant Hansen shall prepare the final order accompanied by Form EFS-020 within 10 days of the date of the hearing.

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