The witness to be supoena knows both Plaintiff and Defendant. However, defendant has instructed the person to be supoenaed to "stay out of their business."
Yes, a witness can certainly be subpoenaed to testify in an unlawful detainer trial. A party cannot instruct a witness to avoid the subpoena. That might constitute obstruction of justice.
The real question is whether the witness would be able to offer any pertinent information with regard to the unlawful detainer trial. Is the issue non-payment of rent, or breach of a lease covenant, or uninhabitability?
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No attorney-client relationship is created, and you should not take or fail to take actions based on my answers. Consult an attorney in your area. Time is often of the essence. Act quickly!
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