(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.
§ 415.46.Prejudgment Claim of Right to Possession
Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 3. Manner of Service of Summons · Last amended 2015 · Last verified July 28, 2026
In one sentenceSection 415.46 lets a landlord serve a prejudgment claim of right to possession on unnamed occupants of rental property in an unlawful detainer case, so an eventual eviction judgment can be enforced against them too.
Full Text of § 415.46
(b) Service of the prejudgment claim of right to possession in this manner shall be effected by a marshal, sheriff, or registered process server.
(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.
(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, regardless of whether 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: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Prejudgment Claim of Right to Possession form appears in the published chaptered bill. See Sec. 7, Chapter 913 (pp. 73-76), Statutes of 2014. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Plain-English Summary
An eviction lawsuit normally names the tenant, but other people may be living on the property who were never named as defendants. Section 415.46 gives the landlord a way to reach them: alongside serving the summons and complaint on the tenant and any subtenant, a marshal, sheriff, or registered process server can also serve a prejudgment claim of right to possession on any other adult occupant found on the premises, and — even if no such occupant is identified — post and mail one addressed to “all occupants” generally.
The server has to make a reasonably diligent effort to find out whether other adults are living there before falling back on the “all occupants” version. Once this notice has been properly served, subdivision (e) generally bars an unnamed occupant from later objecting to enforcement of the eviction judgment against them — a real consequence, since it forecloses that route without them ever being individually named as a defendant.
Frequently Asked Questions
Can someone be evicted from a rental unit without ever being named in the lawsuit?
Yes, if a prejudgment claim of right to possession was properly served on them, or on “all occupants,” under § 415.46 — subdivision (e) then generally bars them from objecting to enforcement of the resulting judgment.
Who can serve a prejudgment claim of right to possession?
A marshal, sheriff, or registered process server — the same officials who serve the underlying summons and complaint in the unlawful detainer case.
Amendment History
Amended by Stats 2014 ch 913 (AB 2747),s 7, eff. 1/1/2015. Amended by Stats 2012 ch 562 (AB 2610),s 2, eff. 1/1/2013.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: prejudgment claim right to possession californiaevict unnamed occupant california