Roth v. Plikaytis

Trial court abused its discretion in declining to consider time records that had been filed with a previous attorney fee motion in the case and were incorporated by reference in a later attorney fee motion in the same case, since parties are permitted to incorporate by reference any paper previously filed in the action.  Under Cal. Rules of Court, rule 3.1110(d), a motion may incorporate by reference any paper previously filed in the action.  To incorporate the document, the motion should refer to the document by date of execution and title.  If the file is large, the motion should attach a copy of the incorporated paper for the judge’s convenience.  Here, the trial court abused its discretion in declining to consider time records that had been filed with a previous attorney fee motion in the case and were incorporated by reference in a later attorney fee motion in the same case.

California Court of Appeal, Fourth District, Division 1 (Dato, J.); September 13, 2017 (partial publication); 2017 WL 4020418

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