TYEE KYVELOS VS. ADRIAN HOTEL, INC. ET AL

Matter on the Law & Motion/Discovery Calendar for Monday, October 6, 2025, line 7, DEFENDANTS ADRIAN HOTEL, INC., SHREE HANUMAN LLC'S Motion To Compel Deposition Of Plaintiff Tyee Kyvelos And Request For Monetary And Terminating Sanctions

The unopposed motion to compel the deposition of plaintiff Tyee Kyvelos and for sanctions is granted. Code of Civil Procedure, section 2025.450, subdivision (a) provides, "If, after service of a deposition notice, a party to the action . . ., without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice."

This provision requires the court to compel the deposition unless it finds a valid objection was served under section 2025.410. No objection was served here. The motion is therefore granted.

The court orders Kyvelos to appear for deposition by October 27, 2025 at a mutually agreed date. If Kyvelos does not offer at least three dates, defendants may set the date unilaterally.

Defendants seek sanctions against Kyvelos and his counsel. The court concludes that Kyvelos's failure to appear or produced documents lacks substantial justification and that sanctions are appropriate against Kyvelos's counsel. The court awards reasonable sanctions, payable jointly and severally by Kyvelos and Ilan N. Rosen Janfaza, in the amount of $4,000. The court denies relief as to the full amount, basing its award on its assessment of a reasonable number of hours for a motion as straightforward as this one. Sanctions shall be paid within 30 days of entry of this order.

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