Can a police report be incorporated as a reference to a motor vehicle accident complaint?

California, United States of America


The following excerpt is from Lamadrid v. Municipal Court, 118 Cal.App.3d 786, 173 Cal.Rptr. 599 (Cal. App. 1981):

The People also argue that since appellant had access to the police report of the accident, that report provided sufficient actual notice. Although the record reflects a police report was filed (an attachment to a declaration for an arrest warrant) it was not incorporated into the complaint and on its face is incomplete and so overbroad as to add no significant specificity. Our suggestion, in Mandel v. Municipal Court (1969) 276 Cal.App.2d 649, 653, 81 Cal.Rptr. 173, that a crime report might properly be attached to a complaint and incorporated therein by reference does not apply to this action since here the police report is neither attached to nor mentioned in the complaint.

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