Where the court orders service by publication, such order shall be subject to the following conditions:
§ 872.320.Conditions For Ordering Service By Publication
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 872.320 conditions a court order for service by publication on the plaintiff posting the summons and complaint on the property within 10 days, recording a notice of pendency if not already recorded, and publishing a description of the property, including its street address or common designation if any.
Full Text of § 872.320
(a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of the summons and complaint 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
Service by publication substitutes for personal notice, so the statute layers in extra safeguards to make sure someone with an interest in the property has a real chance of learning about the lawsuit. Once a court orders publication, subdivision (a) requires the plaintiff to post a copy of the summons and complaint directly on the real property within 10 days of the order -- a physical notice for anyone who visits or lives near the property, independent of whatever gets published in a newspaper.
Subdivision (b) requires the plaintiff to record the lis pendens under § 872.250 if that hasn't already happened, tying the publication order to the same recording requirement that protects the property generally. Subdivision (c) governs what the publication itself has to say: it must describe the property, including the street address or other common designation if one exists. But the statute builds in a safety valve -- if a proper legal description is given, an error in, or omission of, the street address or common designation doesn't invalidate the publication.
Frequently Asked Questions
What must the plaintiff do within 10 days after a court orders service by publication?
Post a copy of the summons and complaint on the real property that is the subject of the action.
Does an order for service by publication also require recording a lis pendens?
Yes, if it hasn't already been recorded, under § 872.320(b) and § 872.250.
What must the published notice describe about the property?
The property itself, including its street address or other common designation, if any, in addition to a particular description.
Does an error in the street address invalidate the publication?
No, so long as a legal description of the property is also given, an erroneous or omitted street address or common designation doesn't affect the publication's validity.
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: posting summons on property partition californiaservice by publication requirements partition action