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California Code of Civil Procedure Section 415.46

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 415.46

415.46.  (a) In addition to the service of a summons and complaint
in an action for unlawful detainer upon a tenant and subtenant, if
any, as prescribed by this article, a prejudgment claim of right to
possession may also be served on any person who appears to be or who
may claim to have occupied the premises at the time of the filing of
the action. Service upon occupants shall be made pursuant to
subdivision (c) by serving a copy of a prejudgment claim of right to
possession, as specified in subdivision (f), attached to a copy of
the summons and complaint at the same time service is made upon the
tenant and subtenant, if any.
   (b) Service of the prejudgment claim of right to possession in
this manner shall be effected by a marshal, sheriff, or registered
process server.
   (c) (1) When serving the summons and complaint upon a tenant and
subtenant, if any, the marshal, sheriff, or registered process server
shall make a reasonably diligent effort to ascertain whether there
are other adult occupants of the premises who are not named in the
summons and complaint by inquiring of the person or persons who are
being personally served, or any person of suitable age and discretion
who appears to reside upon the premises, whether there are other
occupants of the premises.
   (2) If the identity of such an occupant is disclosed to the
officer or process server and the occupant is present at the
premises, the officer or process server shall serve that occupant
with a copy of the prejudgment claim of right to possession attached
to a copy of the summons and complaint. If personal service cannot be
made upon that occupant at that time, service may be effected by
leaving a copy of a prejudgment claim of right to possession attached
to a copy of the summons and complaint addressed to that occupant
with a person of suitable age and discretion at the premises,
affixing the same so that it is not readily removable in a
conspicuous place on the premises in a manner most likely to give
actual notice to that occupant, and sending the same addressed to
that occupant by first-class mail.
   (3) In addition to the service on an identified occupant, or if no
occupant is disclosed to the officer or process server, or if
substituted service is made upon the tenant and subtenant, if any,
the officer or process server shall serve a prejudgment claim of
right to possession for all other persons who may claim to occupy the
premises at the time of the filing of the action by leaving a copy
of a prejudgment claim of right to possession attached to a copy of
the summons and complaint at the premises at the same time service is
made upon the tenant and subtenant, if any, affixing the same so
that it is not readily removable in a conspicuous place on the
premises so that it is likely to give actual notice to an occupant,
and sending the same addressed to "all occupants in care of the named
tenant" to the premises by first-class mail.
   (4) The person serving process shall state the date of service on
the prejudgment claim of right to possession form. However, the
absence of the date of service on the prejudgment claim of right to
possession does not invalidate the claim.
   (d) Proof of service under this section shall be filed with the
court and shall include a statement that service was made pursuant to
this section. Service on occupants in accordance with this section
shall not alter or affect service upon the tenant or subtenant, if
any.
   (e) (1) If an owner or his or her agent has directed and obtained
service of a prejudgment claim of right to possession in accordance
with this section, no occupant of the premises, whether or not that
occupant is named in the judgment for possession, may object to the
enforcement of that judgment as prescribed in Section 1174.3.
   (2) In any action for unlawful detainer resulting from a
foreclosure sale of a rental housing unit pursuant to Section 1161a,
paragraph (1) shall not limit the right of any tenant or subtenant of
the property to file a prejudgment claim of right of possession
pursuant to subdivision (a) of Section 1174.25 at any time before
judgment, or to object to enforcement of a judgment for possession as
prescribed in Section 1174.3, whether or not the tenant or subtenant
was served with a prejudgment claim of right to possession.
   (f) The prejudgment claim of right to possession shall be made on
the following form:

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NOTICE OF INCOMPLETE TEXT: The Prejudgment Claim of Right to
Possession form appears in the hard-copy publication of the
chaptered bill. See Sec. 2 of Chapter 562, Statutes of 2012.

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*PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE INSERTED

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Last modified: March 17, 2014