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incorporation by reference

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Khoja v. Orexigen Therapeutics, Inc.

by Jan T. Chilton |

To be subject to the doctrine of incorporation by reference and reviewable at the pleading stage, a document must be mentioned "extensively," not just once, in the complaint and must be a significant basis of the claims the complaint alleges; by the same token, the district court must be careful about the facts that it takes from documents that are… Read More

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.   Read More