What is required to serve legal complaint by publication?

A complaint may be served by publication in California only as a method of last resort, and only after the plaintiff shows the court by affidavit that the defendant cannot with reasonable diligence be served in any other authorized manner. The court must then order publication in a named newspaper likely to give actual notice, typically once a week for four successive weeks, and service is complete 28 days after the first publication. Cal. Code Civ. Proc. § 415.50 Cal. Gov. Code § 6064

What must be shown to the court

To obtain an order for publication, the plaintiff must file an affidavit demonstrating:

1. Reasonable diligence in attempting other forms of service;
2. That the defendant cannot be served in another manner authorized by statute; and
3. Either:
   • a cause of action exists against the defendant or the defendant is a necessary or proper party, or
   • the defendant has or claims an interest in California property that is at issue. Cal. Code Civ. Proc. § 415.50(a)(1)-(2)

California courts and self-help materials describe publication as a last resort and require a thorough, exhaustive search before a judge will authorize it. Donel, Inc. v. Badalian, 87 Cal. App. 3d 327 (1978) Olvera v. Olvera, 232 Cal. App. 4th 32 (2014)?

The key point is that the court wants evidence that you really tried to locate the person, not just a conclusory statement that you do not know where they are.

Typical diligence efforts

Courts commonly expect efforts such as:

• checking last known addresses;
• contacting relatives, friends, employers, or associates;
• searching phone directories and online sources;
• checking jail or prison records;
• reviewing public records and property records. Donel, Inc. v. Badalian, 87 Cal. App. 3d 327 (1978) Serving court papers | California Courts | Self Help Guide

Publication requirements

If the court grants the request:

• the summons and complaint must be published in a named newspaper in California most likely to give actual notice;
• publication is ordinarily once a week for 4 weeks; and
• if the defendant’s address is later found before the publication period ends, the court’s order requires mailing the papers forthwith to that address. Cal. Code Civ. Proc. § 415.50(b)

When service is complete

Service by publication is complete under Cal. Gov. Code § 6064:

28 days after the first publication date.

Important practical note

Even if publication is authorized, if the defendant is later found, you should serve them by a more direct method if available. California law also provides that a later valid service by another authorized method supersedes the published summons. Cal. Code Civ. Proc. § 415.50(d)