All unknown defendants, including the heirs and devisees designated in the complaint, shall have the same rights as are provided by law for other defendants upon whom summons is served, and the action shall proceed against them in the same manner. Regardless of any legal disability, any unknown defendant, including any heir or devisee designated in the complaint, who has been served, and anyone claiming under him, shall be concluded by a judgment in the action as if the action were brought against and personal service made upon that person by his or her name.
§ 801.10.Rights of Unknown Defendants; Judgment Conclusive Against Unknown Defendants
Title 10. Actions In Particular Cases · Chapter 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments · Last amended 1969 · Last verified July 28, 2026
In one sentenceSection 801.10 gives unknown defendants and designated heirs and devisees the same rights as any served defendant, and makes the judgment conclusive against a served unknown defendant and anyone claiming under that person, regardless of legal disability, as if personally served by name.
Full Text of § 801.10
Plain-English Summary
Being sued as an unknown defendant doesn't mean fewer rights in the case. Once served — whether by publication or otherwise — unknown defendants and any heirs and devisees named in the complaint get the same rights any other served defendant has, and the action proceeds against them the same way.
The tradeoff is finality: a served unknown defendant, or anyone claiming under that person, is bound by the judgment the same as if the action had named and personally served that individual, and that's true even if the person suffers from a legal disability that might otherwise excuse noncompliance.
Frequently Asked Questions
Do unknown defendants have the same rights as named defendants?
Yes, once served, they have the same rights as any other defendant on whom summons is served, and the action proceeds against them in the same way.
Does a legal disability protect an unknown defendant from being bound by the judgment?
No. Section 801.10 binds a served unknown defendant regardless of any legal disability, the same as if personally served by name.
Amendment History
Amended by Stats. 1969, Ch. 1611.
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
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