Legal Question in Business Law in California

It is almost certain that the Court will not you to call a witness and have live testimony on a motion to compel. While your only way to compel the defendant to be present is to subpoena him or her, the court is likely to grant a motion to quash that subpoena. You are far better off following standard procedure, and presenting your evidence by way of declaration. Indeed, subpoenaing a witness to have him or her testify may quite possibly anger the judge.

I agree with Mr. Perry. In 26 years as a litigator I have almost never seen anyone ask to present oral testimony at a motion hearing, and have never seen it allowed. In addition, on a discovery motion there would be nothing to testify about. Either no response was provided or the responsese were what they were. The issues after that are issues of law, not facts that could be testified about. You are just going to demonstrate you don't know what you are doing and piss off the judge if you try to have testimony at a motion to compel.