Notice Of Motion And Motion For Relief Pursuant To C.C.P. Section 473 (B)
SF Superior Court - Real Property / Housing Dept 501 - CGC23604397 - July 30, 2026 Hearing date: July 30, 2026 Case number: CGC23604397 Case title: TYEE KYVELOS VS. ADRIAN HOTEL, INC. ET AL Case Number: | | CGC23604397 | Case Title: | | TYEE KYVELOS VS. ADRIAN HOTEL, INC. ET AL | Court Date: | | 2026-07-30 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For Relief Pursuant To C.C.P. Section 473 (B); Memorandum Of Points And Authorities In Support Thereof; Declaration Of Plaintiff'S Counsel Ilan N. Rosen Janfaza (And Exhibits); [Proposed] Order | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 30, 2026. Line 3.
Plaintiff's Motion for Relief per CCP 473(b) is DENIED. Moving party does not meet the requirement of CCP 473(b) for discretionary or mandatory relief.
This motion was filed one day shy of 6 moths after the Notice of Entry of Discovery Order was served. (E-service on December 2, 2025; Motion filed on June 1, 2026). While the motion is timely, no explanation is provided in the moving papers for the delay. CCP 473(b) requires that the motion "be made within a reasonable time," and this issue should have been addressed in the moving papers as an element of relief.
The motion is not accompanied by a copy of the proposed opposition to the discovery motion. Affidavit of fault advances two reasons for failure to respond. Compare paragraph 4 and paragraph 7 of Janfaza Declaration (i.e. failure to calendar the hearing and opposition deadline vs. missing the existence of the discovery motion altogether).
Moving papers still do not suggest that Plaintiff is ready and willing to comply with the Court's prior discovery order and appear for depositing. In fact, there is no affirmative statement in Janfaza declaration that contact with the client has been restored and when that happened. Also see Rodriguez v. WNT, Inc. (2025) 116 Cal. App.5th 791. =(501/CFH)
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