Publish a Summons

When do I need to publish a Summons in California? A summons may be published when the court orders it published, under California Code of Civil Procedure Section 415.50, which allows service by publication when the defendant cannot be served personally or by substituted service after reasonable diligence, and the plaintiff shows by affidavit that the party to be served either resides out of state, has departed the state, cannot be found within the state after reasonable efforts, or is concealing themselves to avoid service. In Los Angeles County, you must first obtain a court order from the Superior Court authorizing publication. This typically requires filing an Application for Order for Publication of Summons (Form CIV-100), along with a supporting Declaration of Due Diligence detailing all attempts made to locate and serve the defendant. Once granted, the summons must be published in a newspaper of general circulation in Los Angeles County, once a week for four consecutive weeks. Proof of publication, including an affidavit from the newspaper, must then be filed with the court before you may proceed to seek a default judgment. Service by publication is considered a method of last resort and must strictly comply with statutory requirements for the court to have jurisdiction over the defendant.