Service Of Process - Quiet Title - Civil Procedure - CA

Section § 763.010

This law talks about how summons should be served in civil cases, generally following the usual rules. If a plaintiff can't find someone after trying hard enough, they can ask the court to let them serve the summons through a public announcement, like a newspaper ad. The court might appoint someone to double-check that the plaintiff really tried to find the person. But, if someone is clearly living on the property, you can't just serve them through a public announcement.

(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.

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Section § 763.020

If a court orders that someone be notified about a legal case involving real estate by publishing notice in a newspaper or other outlet, certain steps must be followed. The plaintiff has to post the summons and complaint visibly on the property in question within 10 days of the order. They also need to record a formal notice indicating that a lawsuit is underway if it hasn't been done already. The published notice should describe the property specifically and include the street address or any common name it goes by. Even if there’s a mistake in the address, as long as there’s a legal description, the notice is still valid.

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.

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Section § 763.030

This law explains what happens when a court orders that someone be served legal notice through publication. The publication can either just name the defendants or just describe the property linked to the defendants' interests. If a defendant doesn't show up and respond after being notified this way, the court's decision will only apply to the property mentioned in the publication.

(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.

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Section § 763.040

If the court decides that a legal notice needs to be published in a newspaper to reach someone involved in a case, it must first confirm that all necessary steps have been followed. This means proving that the legal notice was served, posted, published correctly, and that a formal notice about the ongoing lawsuit was filed.

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.

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