Whenever the court orders service by publication, the court before hearing the case shall require proof that the summons has been served, posted, published as required, and that the notice of pendency of action has been filed.
§ 763.040.Proof Summons Served and Notice of Pendency of Action Filed
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 763.040 requires the court, before hearing a quiet title case involving service by publication, to be shown proof that the summons was served, posted, and published as required and that the notice of pendency of the action has been filed.
Full Text of § 763.040
Plain-English Summary
This section is the checkpoint before trial in any case where the court ordered service by publication. Before hearing the case, the court has to require proof that the summons has been served, that it was posted on the property as § 763.020 requires, that it was published as ordered, and that the notice of pendency of the action was filed.
That checkpoint ties together everything the preceding sections in this article require, making sure none of those procedural steps got skipped before the court moves on to deciding the merits under § 764.010.
Frequently Asked Questions
What must the court confirm before hearing a quiet title case with service by publication?
Proof that the summons was served, posted, and published as required, and that the notice of pendency of the action has been filed.
Why does this proof requirement matter?
It confirms that everything this article requires for constructive notice happened before the court reaches the merits under § 764.010.
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: proof of service by publication quiet title california