SECTIONS 763.010-763.040 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 763.010-763.040

763.010. (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.

763.020. 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.

763.030. (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.

763.040. 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.