Whenever the court orders service by publication, the order is subject to the following conditions:
§ 763.020.Conditions of Order of 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 763.020 attaches three conditions to any order for service by publication in a quiet title action: posting a copy of the summons and complaint on the property within 10 days, recording the notice of pendency of action if not already recorded, and describing the property in the publication.
Full Text of § 763.020
(a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of the summons and complaint in a conspicuous place on the real property that is the subject of the action.
(b) The plaintiff shall record, if not already recorded, a notice of the pendency of the action.
(c) The publication shall describe the property that is the subject of the action. In addition to particularly describing the property, the publication shall describe the property by giving its street address, if any, or other common designation, if any; but, if a legal description of the property is given, the validity of the publication shall not be affected by the fact that the street address or other common designation recited is erroneous or that the street address or other common designation is omitted.
Plain-English Summary
An order for service by publication doesn't stand alone; it carries three built-in conditions. First, the plaintiff has to post a copy of the summons and complaint in a conspicuous place on the real property itself, no later than 10 days after the order is made — a physical, on-the-ground notice to anyone who happens by.
Second, the plaintiff must record the notice of pendency of the action, if it hasn't already been recorded under § 761.010. Third, the publication itself has to describe the property, including its street address or other common designation if it has one. But the statute builds in some forgiveness here: if the publication gives a proper legal description, an erroneous or omitted street address doesn't invalidate the publication.
Frequently Asked Questions
What has to happen after a court orders service by publication in a quiet title case?
The plaintiff must post a copy of the summons and complaint on the property within 10 days, record the notice of pendency of action if not already recorded, and ensure the publication describes the property.
Does the property description in the publication have to include a street address?
The publication should include the street address or other common designation if there is one, but § 763.020(c) says an erroneous or omitted address doesn't invalidate the publication as long as a legal description is given.
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: posting summons on property quiet title californiaconditions for service by publication california