Section § 872.310

Explanation

This section outlines how to serve a summons in specific legal cases. Generally, the process follows the same rules as other civil actions. However, if you're serving people specified under certain sections or unidentified defendants, you must publish the service notice in a manner specified by another section of the law.

(a)CA Civil Procedure Code § 872.310(a) The form, content, and manner of service of summons shall be as in civil actions generally.
(b)CA Civil Procedure Code § 872.310(b) Service on persons named as parties pursuant to Sections 872.530(b) and 872.550, and on other persons named as unknown defendants, shall be by publication pursuant to Section 415.50 and the provisions of this article.

Section § 872.320

Explanation

If the court allows service by publication, there are specific steps the plaintiff must follow. First, within 10 days of the order, they need to post a copy of the summons and complaint on the property involved in the lawsuit. Second, they must record a notice that the action is pending unless it's already been recorded. Third, the publication should detail the property, including its street address or another common name, although mistakes in these descriptors won't invalidate the publication as long as a legal description is provided.

Where the court orders service by publication, such order shall be subject to the following conditions:
(a)CA Civil Procedure Code § 872.320(a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of the summons and complaint on the real property that is the subject of the action.
(b)CA Civil Procedure Code § 872.320(b) The plaintiff shall record, if not already recorded, a notice of the pendency of the action.
(c)CA Civil Procedure Code § 872.320(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.

Section § 872.330

Explanation

This section covers how courts in California can order legal notices to be published in newspapers when serving defendants. If a defendant needs to be served in this way, the published notice can mention only the names of the defendants and describe only the property related to them.

If these defendants don't show up or respond, the court's decision will apply only to the specific property mentioned in the notice.

(a)CA Civil Procedure Code § 872.330(a) Where the court orders service by publication, the publication may:
(1)CA Civil Procedure Code § 872.330(a)(1) Name only the defendants to be served thereby.
(2)CA Civil Procedure Code § 872.330(a)(2) Describe only the property in which the defendants to be served thereby have or claim interests.
(b)CA Civil Procedure Code § 872.330(b) Judgment based on failure to appear and answer following service under this section shall be conclusive against the defendants named in respect only to property described in the publication.