I was served a complaint in an unlimited civil case that is missing the exhibit referenced in the complaint.

You can avoid communicating with the opposing counsel, and preserve your right to demurrer to the complaint as uncertain, by going online and downloading a copy of the document that was filed with the court. Please see the link below. If the court's copy doesn't have the exhibit either, then you either have to call opposing counsel, or assert a demurrer. If you were served personally, then you were served properly, even if the exhibit was missing.

Just call up the plaintiff's attorney and ask for the exhibit. However, if you are planning to contest the service of summons and complaint or jurisdiction of the court or something along these lines, consider contacting an attorney on your side before you do anything. If the exhibit is a copy of a contract, there may be grounds for demurrer if the complaint purports to state a cause of action for breach of contract and fails to attach the contract. Under most circumstances, however, simply asking for the exhibit is probably the best approach.

The facts are a bit unclear. Are you saying the complaint alleges that the written contract is attached to the complaint as an exhibit, but there is no exhibit? Often times, sloppy plaintiffs will do this. In other words, this is not just a bad photocopying job; the original complaint also does not have any exhibit attached. If so, you should file a Demurrer as Attorney Koslyn indicates. If not, then I agree with Attorney Yee that you should just call the plaintiff's counsel for a copy of the exhibit.