Published: 2015-07-08
Key Benefits:
(a) The form, content, and manner of the service of summons shall be the same as in civil actions generally.
(b) If upon affidavit it appears to the satisfaction of the court that the plaintiff has used reasonable diligence to ascertain the identity and residence of and to serve summons on the persons named as unknown defendants and persons joined as testate or intestate successors of a person known or believed to be dead, the court shall order service by publication pursuant to Section 415.50 and the provisions of this article. The court may, in its discretion, appoint a referee to investigate whether the plaintiff has used reasonable diligence to ascertain the identity and residence of persons sought to be served by publication, and the court may rely on the report of the referee instead of the affidavit of the plaintiff in making the order for service by publication.
(c) Nothing in this section authorizes service by publication upon any person named as an unknown defendant who is in open and actual possession of the property.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
Whenever the court orders service by publication, the order is subject to the following conditions:
(a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of the summons and complaint in a conspicuous place on the real property that is the subject of the action.
(b) The plaintiff shall record, if not already recorded, a notice of the pendency of the action.
(c) The publication shall describe the property that is the subject of the action. In addition to particularly describing the property, the publication shall describe the property by giving its street address, if any, or other common designation, if any; but, if a legal description of the property is given, the validity of the publication shall not be affected by the fact that the street address or other common designation recited is erroneous or that the street address or other common designation is omitted.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
(a) Whenever the court orders service by publication, the publication may:
(1) Name only the defendants to be served thereby.
(2) Describe only the property in which the defendants to be served thereby claim interests.
(b) Judgment against a defendant who fails to appear and answer following service under this section shall be conclusive against the defendant named in respect only to property described in the publication.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
Whenever the court orders service by publication, the court before hearing the case shall require proof that the summons has been served, posted, published as required, and that the notice of pendency of action has been filed.
(Added by Stats. 1980, Ch. 44, Sec. 15.)