PELAYO VS. BAHENA

Defendant Victor Hugo Nava Bahena’s motion to compel responses to Form Interrogatories, Set One, is GRANTED. Code of Civil Procedure section 2030.290, provides, in part: “If a party to whom interrogatories are directed fails to serve a timely response, . . . [t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.” The failure to serve a timely response also waives any objections to the requests. (Code Civ. Proc., § 2030.290, subd. (a).)

Section 2030.290, subdivision (c) further provides the court “shall” impose a monetary sanction against any party “who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” On 4/3/25, Defendant propounded Form Interrogatories, Set One, on Plaintiff. (Esten Decl., ¶ 3, Ex. A.) Defendant provided an extension for Plaintiff’s responses to 10/23/25. (Esten Decl., ¶ 4.) As of the date of the motion, Plaintiff has not served any responses. (Esten Decl., ¶ 4.) Accordingly, the Court GRANTS Defendant’s Motion to Compel Responses to Form Interrogatories, Set One. Plaintiff shall serve Code-compliant responses, without objections, within 30 days of this order. (Code Civ. Proc., § 2030.290, subds. (a) & (b).) Defendant’s request for sanctions against Plaintiff is granted in the reduced amount of $360.00, payable within 30 days.