Legal Question in Civil Litigation in California

Re: Proof Of Publication

It looks like the Plaintiff is serving the Defendant in the case by publishing the summons in a newspaper. Generally, that is what happens when the Plaintiff has been unable to serve the Defendant because the Defendant's whereabouts are unknown or the Defendant is evading service.

If you are the Defendant in the case you should be aware the if you do not appear in the case (i.e., file a response) the Plaintiff will likely obtain judgment against you without you being able to put on a defense. I would recommend that you hire an attorney as quickly as possible to preserve your rights.

Hope that helps.

Re: Proof Of Publication

Someone has been trying to personally serve you with a Summons and Complaint to commence your 30 day period to file an appearance or default. A declaration of "due dilligence" must support the application for an order permitting service by publication, which is the pulication of the law suit against you in a newspaper of general circulation. You must pay attention, because at the completion of the publication, the plaintiff can take your default, if you have not appeared in the case.

Re: Proof Of Publication

If you will get the file from the clerk and look through it I believe you will find some document called "proof of service" or "proof of publication" that will tell you what got published in the newspaper. If this is a probate case, then probably the attorney could not find one of the heirs and had to serve notice of the action by publishing it in a newspaper. If it is not probate, the same story applies only instead of the heir benig lost it is a party to the case. You will find out the details in the file.

Re: Proof Of Publication

This is a case summary that shows that the Plaintiff if publishing the summons to effect service of process on you.

As has been suggested, you should consult with an attorney regarding the facts of you case if you the defendant (person being sued) in this matter.

We can likely assist you with your case and we hope this information has been helpful to you; yet, without more information regarding the facts of your case, it is difficult to evaluate your case thoroughly. If you are in the northern or southern California areas, please contact us or email us at www.unalaw.com if we can be of further assistance.

Re: Proof Of Publication

It basically means that the Plaintiff who is suing you could not serve you personally, so they are serving you by publication. When this happens, legal notice of the suit is run in a publication of general circulation over a short period of time(usually a month); after that is done, the Plaintiff files proof of the publication with the court, and you are then served for purposes of the law. Once you are served in the court's eyes, if you do not file a responsive pleading, a default can be taken against you and the plaintiff can eventually get a judgment.