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California Code of Civil Procedure Section 415.50

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 415.50

415.50.  (a) A summons may be served by publication if upon
affidavit it appears to the satisfaction of the court in which the
action is pending that the party to be served cannot with reasonable
diligence be served in another manner specified in this article and
that either:
   (1) A cause of action exists against the party upon whom service
is to be made or he or she is a necessary or proper party to the
action.
   (2) The party to be served has or claims an interest in real or
personal property in this state that is subject to the jurisdiction
of the court or the relief demanded in the action consists wholly or
in part in excluding the party from any interest in the property.
   (b) The court shall order the summons to be published in a named
newspaper, published in this state, that is most likely to give
actual notice to the party to be served. If the party to be served
resides or is located out of this state, the court may also order the
summons to be published in a named newspaper outside this state that
is most likely to give actual notice to that party. The order shall
direct that a copy of the summons, the complaint, and the order for
publication be forthwith mailed to the party if his or her address is
ascertained before expiration of the time prescribed for publication
of the summons. Except as otherwise provided by statute, the
publication shall be made as provided by Section 6064 of the
Government Code unless the court, in its discretion, orders
publication for a longer period.
   (c) Service of a summons in this manner is deemed complete as
provided in Section 6064 of the Government Code.
   (d) Notwithstanding an order for publication of the summons, a
summons may be served in another manner authorized by this chapter,
in which event the service shall supersede any published summons.
   (e) As a condition of establishing that the party to be served
cannot with reasonable diligence be served in another manner
specified in this article, the court may not require that a search be
conducted of public databases where access by a registered process
server to residential addresses is prohibited by law or by published
policy of the agency providing the database, including, but not
limited to, voter registration rolls and records of the Department of
Motor Vehicles.
Section: Previous  415.10  415.20  415.21  415.30  415.40  415.45  415.46  415.47  415.50  415.95  Next

Last modified: March 17, 2014