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§ 751.08.Posting Copy of Summons and Memorandum

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 751.08 requires the plaintiff to post a copy of the summons and the adverse-claimant memorandum in a conspicuous place on each separate parcel described in the complaint within fifteen days after the summons is first published.

Full Text of § 751.08

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A copy of the summons and a copy of the memorandum shall be posted in a conspicuous place on each separate parcel of the property described in the complaint within 15 days after the first publication of the summons.

Plain-English Summary

Publication in a newspaper reaches readers of that paper; posting reaches anyone who happens to be on or near the land itself, including a possessor or occupant who might otherwise never see the published notice. This section requires exactly that: a copy of the summons and the memorandum required by § 751.07 posted in a conspicuous place on each separate parcel named in the complaint.

The deadline is tied to publication, not filing — the posting has to happen within fifteen days after the summons is first published. For a multi-parcel action under § 751.03, that means posting on every parcel, not just one representative tract.

Frequently Asked Questions

What must be posted on the property, and by when?

A copy of the summons and the adverse-claimant memorandum, posted in a conspicuous place on each separate parcel, within fifteen days after the summons is first published.

If the action covers multiple parcels, must each one be posted separately?

Yes. Section 751.08 requires posting on each separate parcel described in the complaint.

Why is posting required in addition to newspaper publication?

To reach anyone in actual contact with the land itself, who might not see the published notice but would see a notice posted on the property.

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: posting summons on property california destroyed records