Dugar v. Happy Tiger Records, Inc

In Dugar v. Happy Tiger Records, Inc. (1974) 41 Cal.App.3d 811, the court said: "It is well established that where materials are properly incorporated by reference into an affidavit, they must conform to the rules of evidence. 'The general rule is . . . that averments in the movant's affidavits which depend upon written documents are incompetent and can not be considered unless there are annexed thereto the original documents or certified or authenticated copies of such instruments, or excuse for nonproduction thereof is shown.' Defendant contends that the trial court's judgment was rendered upon documents which are inadmissible since the documents affixed to plaintiff's motion are photostatic or 'xeroxed' copies of the original invoices." ( Dugar v. Happy Tiger Records, Inc., supra, 41 Cal.App.3d 811, at pp. 815-816.)