(a) This act does not limit or affect the method by which service of a complaint in a partition action may be made.
§ 874.314.Method of Service of Complaint Not Limited Or Affected; Signage
Title 10.5. Partition of Real and Personal Property · Chapter 10. Partition of Real Property Act · Last amended 2023 · Last verified July 28, 2026
In one sentenceSection 874.314 leaves the ordinary methods of serving a partition complaint untouched, but requires a plaintiff who obtains an order for service by publication to post and maintain a conspicuous sign on the property, within ten days of that order, identifying the court and the property and stating that the action has commenced.
Full Text of § 874.314
(b) If the plaintiff in a partition action seeks an order of notice by publication, the plaintiff, not later than 10 days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
Plain-English Summary
Service by publication reaches people whose whereabouts are unknown, but it's a weak form of notice for anyone who might walk right past the property. This section adds a physical backstop: subdivision (a) confirms the chapter doesn't limit or change how a partition complaint may ordinarily be served, but subdivision (b) requires more when publication is used.
Within ten days of the court's determination allowing service by publication, the plaintiff must post a conspicuous sign on the property and keep it up while the action is pending. The sign has to state that the action has commenced and identify the court's name and address and the property's common designation. The court can also require the sign to name the plaintiff and the known defendants.
Frequently Asked Questions
Does this chapter change how a partition complaint can be served?
No, § 874.314(a) leaves the usual service methods untouched.
What must a plaintiff do after obtaining an order for service by publication?
Post a conspicuous sign on the property within ten days of the court's determination, and maintain it while the action is pending.
What has to appear on the sign?
That the action has commenced, the court's name and address, and the property's common designation; the court may also require the plaintiff's and known defendants' names.
Amendment History
Amended by Stats 2022 ch 82 (AB 2245),s 6, eff. 1/1/2023. Added by Stats 2021 ch 119 (AB 633),s 2, eff. 1/1/2022.
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: sign posting requirement partition service californiapublication service partition action california