Can a moving party rely on the adverse party's 'convenience' as a basis of a motion to dismiss the adverse as a witness?

California, United States of America


The following excerpt is from Thompson v. Superior Court, 103 Cal.Rptr. 94, 26 Cal.App.3d 300 (Cal. App. 1972):

Furthermore, although it has been suggested that the convenience of Parties is not to be considered as a factor, under the 'convenience of witnesses' statute (Willingham v. Pecora, Supra, 44 Cal.App.2d 289, 293, 112 P.2d 328), we have found no reported decision which has held that the moving party may rely on the adverse party's 'convenience' as a basis of a motion, and there is no indication here that the moving party intends to call any adverse party as a witness.

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