Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 3. Manner of Service of Summons · Last amended 2004 · Last verified July 28, 2026
In one sentenceSection 415.50 lets a court order service by publication when an affidavit shows the defendant cannot be served by any other means specified in the article and either a cause of action exists against them or they have or claim an interest in property the action concerns.
(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.
Plain-English Summary
Service by publication is the method of last resort in this chapter, and § 415.50 requires a court order before it can be used. Subdivision (a) permits it only if an affidavit satisfies the court that the party to be served cannot with reasonable diligence be served in another manner specified in this article, and that either a cause of action exists against that party (or they are a necessary or proper party), or the party has or claims an interest in real or personal property in California that is subject to the court’s jurisdiction or that the action seeks to affect.
Subdivision (b) directs the mechanics of the order: the court must order publication in a named California newspaper most likely to give the party actual notice, and, if the party resides or is located outside California, may also order publication in a named out-of-state newspaper. If the party’s address is ascertained before the publication period ends, the order must also direct that a copy of the summons, the complaint, and the publication order be mailed to the party. Publication generally follows Government Code § 6064’s schedule, unless the court orders a longer period.
Subdivision (c) ties completion of service to Government Code § 6064 as well. Subdivision (d) allows service in another authorized manner even after a publication order issues, which then supersedes the published summons. Subdivision (e) limits how far a plaintiff must go to show reasonable diligence — the court may not require a search of public databases where a registered process server’s access to residential addresses is prohibited by law or by the database’s own published policy, including voter registration rolls and Department of Motor Vehicles records.
Frequently Asked Questions
Can I serve a defendant by publication without a court order?
No. Section 415.50(a) requires an affidavit satisfying the court that the party cannot with reasonable diligence be served by any other manner specified in this article, and the court must order publication.
What must I show besides an inability to find the defendant to get a publication order?
Subdivision (a) also requires either that a cause of action exists against the party (or they are a necessary or proper party), or that the party has or claims an interest in real or personal property in California subject to the court’s jurisdiction or the relief sought.
Where does the summons get published?
Subdivision (b) requires publication in a named California newspaper most likely to give the party actual notice, with publication in a named out-of-state newspaper also available if the party resides or is located outside California.
Do I have to search voter rolls or DMV records to prove reasonable diligence for publication?
No. Subdivision (e) provides that the court may not require a search of public databases where a registered process server’s access to residential addresses is prohibited by law or published agency policy, including voter registration rolls and DMV records.
When is service by publication deemed complete?
Subdivision (c) ties completion of service to the schedule set out in Government Code § 6064.
Amendment History
Amended by Stats 2003 ch 449 (AB 1712),s 8, eff. 1/1/2004. Amended by Stats 2002 ch 197 (AB 2493),s 2, eff. 1/1/2003.
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
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