§ 872.310.Form, Content, and Service

Title 10.5. Partition of Real and Personal Property · Chapter 2. Commencement of Action · Article 2. Summons · Enacted 1976 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 872.310 applies the ordinary civil rules for the form, content, and service of summons to partition actions, but requires service by publication under § 415.50 for parties named under §§ 872.530(b) and 872.550 and for other unknown defendants.

Full Text of § 872.310

Text sizeJump to: (a) (b)

(a) The form, content, and manner of service of summons shall be as in civil actions generally.

(b) Service on persons named as parties pursuant to Sections 872.530(b) and 872.550, and on other persons named as unknown defendants, shall be by publication pursuant to Section 415.50 and the provisions of this article.

Plain-English Summary

For most defendants, summons in a partition action works exactly as it does in any other civil case -- the same form, the same content requirements, the same methods of personal service. Subdivision (a) says so directly, tying this title back into general civil practice the way § 872.030 does more broadly.

Subdivision (b) carves out the defendants this title lets a plaintiff name without knowing their identity: people believed dead whose successors are named under § 872.530(b), people joined as "all persons unknown claiming any interest in the property" under § 872.550, and other defendants named as unknown. Because a plaintiff can't personally serve someone whose identity or existence is uncertain, service on those defendants has to proceed by publication under § 415.50, following the additional conditions this article lays out in §§ 872.320 and 872.330.

Frequently Asked Questions

Does a partition action use the same summons as any other California civil lawsuit?

Yes, for form, content, and manner of service generally, under § 872.310(a).

How is service handled for unknown or possibly deceased defendants?

By publication under Code of Civil Procedure § 415.50, following the conditions set out in §§ 872.320 and 872.330.

Which defendants specifically require service by publication under this section?

Persons named under § 872.530(b) (defendants believed dead), persons named under § 872.550 (all persons unknown claiming an interest), and other defendants named as unknown.

Amendment History

Added by Stats. 1976, Ch. 73.

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 partition action californiasummons unknown defendants partition