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§ 872.330.Information Included In Publication; Judgment Based On Failure to Appear and Answer Following 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 872.330 lets a publication name only the unknown defendants being served and describe only the property they claim an interest in, but limits any default judgment based on that publication to the property described in it.

Full Text of § 872.330

Text sizeJump to: (a) (b)

(a) Where the court orders service by publication, the publication may:
(1) Name only the defendants to be served thereby.
(2) Describe only the property in which the defendants to be served thereby have or claim interests.
(b) Judgment based on failure to appear and answer following service under this section shall be conclusive against the defendants named in respect only to property described in the publication.

Plain-English Summary

This section narrows what a publication has to cover, and narrows what a resulting default judgment can reach. Under subdivision (a), the plaintiff isn't required to publish notice as to every defendant or every parcel in the case -- the publication can name only the specific unknown defendants it's serving, and describe only the property those particular defendants have or claim an interest in.

Subdivision (b) is the tradeoff for that narrower publication: a judgment based on a defendant's failure to appear and answer after service under this section is conclusive only against the property described in the publication. If a defendant had an interest in other property covered by the action that wasn't described in that publication, a default judgment obtained this way doesn't reach it.

Frequently Asked Questions

Does a publication have to name every unknown defendant in the case?

No. Section 872.330(a) lets the publication name only the defendants being served by that particular publication.

Can a publication describe only part of the property involved in the lawsuit?

Yes, it may describe only the property in which the defendants being served by that publication have or claim an interest.

What does a default judgment based on this kind of publication cover?

Only the property described in the publication -- the judgment is conclusive against the named defendants solely as to that property.

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: default judgment partition publication service california