Republic Bank v. Marine Nat. Bank

In Republic Bank v. Marine Nat. Bank (1996) 45 Cal.App.4th 919, the sublease provided in relevant part: "'A copy of the Master Lease is attached hereto as Exhibit "C" and incorporated herein by this reference. Sub-Tenant agrees not to violate, cause to be violated, or cause Sub-Landlord to be in violation of, the terms, covenants and conditions of the Master Lease and further agrees that the terms of this Lease shall be subject and subordinate to the Master Lease.'" ( Id. at p. 921.) The appellate court concluded: "The phrase 'incorporation by reference' makes the document referred to part of the contract as if it were recited verbatim. So incorporated, the sublease thus 'specifically' provided for attorney fees." (Ibid.)