The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which publication is to be made shall be designated by an order of the court or a judge thereof to be signed and filed with the clerk. No other order for the publication of the summons shall be necessary, nor shall any affidavit therefor be required, nor need any copy of the complaint be served, except as required by this chapter. The summons shall be published pursuant to Section 6065 of the Government Code, and to each publication thereof shall be appended a memorandum in substance as follows: "The first publication of this summons was made in ____ (here insert name) newspaper on the ____ day of ____ A.D. ____," (inserting the date).
§ 751.06.Publication of Summons
Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Enacted 1953 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 751.06 requires the summons to be published in a newspaper of general circulation designated by court order, without any separate order, affidavit, or complaint service otherwise required, and requires each publication to carry a memorandum stating the date of first publication.
Full Text of § 751.06
Plain-English Summary
Because the defendants in a Chapter 3.5 action are unidentified claimants rather than named parties, publication substitutes for personal service. This section keeps that publication simple: the court or a judge designates the newspaper of general circulation where the summons runs, and once that designation is made, no further order or affidavit is needed to authorize publication, and no copy of the complaint has to be separately served.
Publication follows the timing rules of Government Code § 6065, and every printed copy of the summons has to carry an appended memorandum stating when the first publication occurred. That date matters well beyond the newspaper page — it starts the three-month answer clock under § 751.05 and § 751.12, and it's the reference point for the posting deadline in § 751.08.
Frequently Asked Questions
Where must the summons be published?
In a newspaper of general circulation published in the county where the action is brought, designated by an order of the court or a judge.
Is a separate court order needed to authorize each publication?
No. Once the newspaper is designated, no other order for publication is necessary, and no affidavit is required.
What has to be appended to each published copy of the summons?
A memorandum stating the newspaper's name and the date the first publication was made.
Amendment History
Added by Stats. 1953, Ch. 52.
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: publication of summons destroyed records action