(a) The form, content, and manner of the service of summons shall be the same as in civil actions generally.
§ 763.010.Same As In Civil Actions; Service By Publication
Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 4. Service of Process · Enacted 1980 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 763.010 applies ordinary rules for the form, content, and manner of serving a summons to quiet title actions, but authorizes service by publication under § 415.50 when the plaintiff shows reasonable diligence in trying to identify and serve unknown or presumed-dead defendants, except against anyone in open, actual possession of the property.
Full Text of § 763.010
(b) If upon affidavit it appears to the satisfaction of the court that the plaintiff has used reasonable diligence to ascertain the identity and residence of and to serve summons on the persons named as unknown defendants and persons joined as testate or intestate successors of a person known or believed to be dead, the court shall order service by publication pursuant to Section 415.50 and the provisions of this article. The court may, in its discretion, appoint a referee to investigate whether the plaintiff has used reasonable diligence to ascertain the identity and residence of persons sought to be served by publication, and the court may rely on the report of the referee instead of the affidavit of the plaintiff in making the order for service by publication.
(c) Nothing in this section authorizes service by publication upon any person named as an unknown defendant who is in open and actual possession of the property.
Plain-English Summary
Subdivision (a) starts from the default: service of summons in a quiet title action follows the same form, content, and manner as service in civil actions generally. Nothing special is required just because the case is about title to property.
Subdivision (b) opens the door to service by publication, the tool that makes quiet title actions against unknown or hard-to-find claimants workable. If an affidavit satisfies the court that the plaintiff used reasonable diligence trying to identify and locate the persons named as unknown defendants, or persons joined as the testate or intestate successors of someone known or believed to be dead, the court orders service by publication under § 415.50 and this article. The court can even appoint a referee to investigate the plaintiff's diligence and rely on the referee's report instead of the plaintiff's own affidavit.
Subdivision (c) draws one firm boundary: publication never substitutes for service on a person named as an unknown defendant who is in open and actual possession of the property. Someone visibly occupying the land has to be served in a way that reaches them directly.
Frequently Asked Questions
Does a quiet title action require special service rules?
No, § 763.010(a) applies the same form, content, and manner of service used in civil actions generally.
When can a plaintiff serve a quiet title defendant by publication?
When an affidavit satisfies the court that the plaintiff used reasonable diligence trying to identify and serve the unknown or presumed-dead defendants, allowing the court to order publication under § 415.50.
Can the court use something other than the plaintiff's own affidavit to assess diligence?
Yes. The court may appoint a referee to investigate the plaintiff's diligence and rely on that report instead.
Can a person who visibly occupies the property be served only by publication?
No. Section 763.010(c) bars service by publication on anyone named as an unknown defendant who is in open and actual possession of the property.
Amendment History
Added by Stats. 1980, Ch. 44, Sec. 15.
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: service by publication quiet title californiaserving unknown defendants quiet title action