Service of Process · Updated October 2026

Service by Publication in California

Publication is the last resort for a defendant who can’t be found. Courts grant it when the search behind the request is thorough and written down.

Direct Legal Blog

Service of Process

First published 2016 · Updated October 2026

Every address is a dead end, the phone numbers are disconnected, and the case can’t move until the defendant is served. Service by publication can get it moving again, but a judge won’t sign the order because a server knocked on one door and a database came back empty. Publication rarely reaches the defendant, so courts look hard at the search behind the request. Here’s what the application needs, how the publication period works, and what to do if the defendant turns up halfway through.

The standard

When a Court Will Allow It

Under CCP § 415.50(a), the court has to be satisfied, by a sworn declaration, of two things: that the defendant can’t be served with reasonable diligence by any other method in the statute, and that there is a cause of action against the defendant (or that the defendant is a necessary or proper party, or claims an interest in California property involved in the case).

Reasonable diligence means “a thorough, systematic investigation and inquiry conducted in good faith,” and there is no single formula for it (Kott v. Superior Court (1996) 45 Cal.App.4th 1126, 1137). Because publication so seldom gives actual notice, courts expect exhaustive efforts to find the defendant first (Watts v. Crawford (1995) 10 Cal.4th 743). The claim needs support too: sworn facts from someone with personal knowledge, not just a line saying the complaint states a cause of action.

Diligence

Build the Search Record as You Go

The declaration of diligence is only as good as the notes behind it, so keep them from the first attempt. Courts commonly look for:

every address tried, with the dates, times, and what the server found at each one
skip trace results, and what happened when each lead was checked
a post office request for the forwarding address or box holder information, which is available for service of process
calls, emails, and messages to known phone numbers and accounts
inquiries with relatives, neighbors, employers, and landlords, with names and dates
searches of court records and other public records, and any returned mail

Separate what the declarant saw from what someone else reported, and explain why each promising lead didn’t pan out. A court can’t require a search of databases that registered process servers aren’t allowed to use for residential addresses, such as voter registration and DMV records (CCP § 415.50(e)).

Two more things to think about before applying. If you have an email address or account the defendant actually uses, a court can now order service by email or other electronic means under CCP § 413.30 (since January 1, 2026), which is more likely to reach the defendant. And searching doesn’t stop the clock: the summons still has to be served within three years of filing (CCP § 583.210), and in Watts the California Supreme Court held that a defendant who could have been served by publication was “amenable to process,” so the time spent looking didn’t extend that deadline.

Paperwork

The Application and the Order

There is no statewide Judicial Council form for publication in a civil case. Forms FL-980 and FL-982 are for family law cases (Cal. Rules of Court, rule 5.72), so in a civil case the request is usually an application with the declaration of diligence and a proposed order. Some superior courts have their own local forms or procedures, so check the court’s website before filing.

The order has to name a newspaper published in California that is “most likely to give actual notice” to the defendant, and the court can add a newspaper in another state if the defendant is believed to be there (§ 415.50(b)). Pick the paper based on where the defendant most likely is, explain that choice in the application, and make sure it’s an adjudicated newspaper of general circulation (Gov. Code § 6040). After the order is signed, read it again before calling the newspaper: it controls the paper, the schedule, and any mailing.

Counting the days

Count the Publication Period Correctly

Unless the order sets a longer period, publication follows Government Code § 6064 (CCP § 415.50(b)): once a week for four weeks in a row, with at least five days between publication dates, not counting the publication dates themselves. The period starts on the first day of publication and ends at the end of the 28th day, counting the first day. That’s when service is complete.

For example, if the summons first runs on March 2, service is complete at the end of March 29, and the 30 days to respond (CCP § 412.20(a)(3)) run from there. Calendar the completion date and the response deadline separately from the four publication dates; the fourth notice running isn’t the deadline.

Mid-publication

If the Defendant Turns Up

If the defendant’s address is found before the publication period ends, the order has to require that the summons, the complaint, and the order be mailed to that address right away (§ 415.50(b)), so put one person in charge of watching for new information and sending that mailing. Serving the defendant another way is also allowed, and once it’s done it supersedes the published summons (§ 415.50(d)).

Proof

Proof of Publication

Proof of service by publication is a sworn statement from the newspaper’s publisher or printer (or its foreperson or principal clerk) showing when and where the summons ran, plus a declaration of mailing if copies were mailed (CCP § 417.10(b)). Ask the newspaper for its proof as soon as the last notice runs, and file it with the order and any proof of mailing before requesting default.

Direct Legal’s skip tracers prepare due diligence declarations for publication, and our process servers and court filing team can handle the attempts, the application, and the filing. If the search turns up a current address, we can serve the defendant there instead.

Please note

About This Article

This article is general information about California law and court procedure as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Direct Legal Support is a registered process serving and litigation support company, not a law firm. Statutes, court rules, and forms change, so check the current versions and your court’s local rules, and talk with an attorney about your specific matter.