INSTRUCTIONS FOR COMPLETING THE APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS; DECLARATION; ORDER FOR PUBLICATION OF SUMMONS You must fill in all the blank lines and answer every question. If you are unable to do a specific action requested, i.e. "made the following attempts to deliver copies of the summons and petition to Respondent personally," you must indicate why you are unable to do it. Samples of a reasonable and diligent search would include the following: Contacting friends, relatives, etc. Contacting the current and/or previous employer Looking for a listing in the local and/or nine Bay Area telephone directories Checking with the County Assessor Doing a "person search" on the internet You must provide the Court with an explanation as to why, if you are unable to have them personally served, you cannot serve them by: Substitute service Mail with acknowledgment of receipt FAMLAW-27a,b/Rev. 12-20-01 CC-115 2002 © American LegalNet, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Petitioner hereby applies for an order directing service of summons on Respondent, , by publication in a newspaper of general circulation, pursuant Respondent. vs. Petitioner, ) ) ) ) ) ) ) ) ) ) ) Attorney for SUPERIOR COURT OF CALIFORNIA CONTRA COSTA COUNTY Case No. EX PARTE APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS [CCP §415.50]; DECLARATION IN SUPPORT 21 to Code of Civil Procedure Section 415.50. 22 Such application is made upon the ground Respondent cannot with reasonable diligence be 23 located and served in any other manner specified in code of Civil Procedure Sections 415.10 through 24 415.30 and that, as shown by the petition on file herein, a cause of action for marriage dissolution, 25 annulment, legal separation, paternity or adoption exists against said Respondent. 26 27 action. 28 // This application is based on the attached declaration and the complete files and records of this 2002 © American LegalNet, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION IN SUPPORT: I, the undersigned, declare as follows: 1. I am the Petitioner in this action and have personal knowledge of each of the facts set forth in this Declaration, and can testify competently thereto, except as to the matters stated on information and belief, and as to such matters I believe them to be true. 2. This declaration is being submitted in support of Petitioner's Application for an Order Directing Publication of Summons against Respondent, pursuant to the provisions of CCP §415.50. 3. The petition in this action was filed on , and contains for marriage dissolution, a cause of action against Respondent annulment, legal separation, paternity or adoption. 4. The is a newspaper of general circulation, published in California. I am informed and believe that publication of summons in said newspaper is most likely to give actual notice to Respondent of the pendency of this action, because said Respondent's last known address was within the county in which said newspaper is published, and said Respondent has friends, relatives and coworkers residing and employed in said city, county and state, as more fully stated in the paragraphs below. 5. I have made the following attempts to deliver copies of the summons and petition to Respondent personally, and/or by process servers or other agents, all of which attempts have been unsuccessful: 6. Substitute service, pursuant to the provisions of Code of Civil Procedure Section 415.20, could not be accomplished for the following reasons: 2002 © American LegalNet, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. I have made the following attempts to serve copies of the summons and petition on Respondent by mail with acknowledgment of receipt, pursuant to the provisions of Code of Civil Procedure Section 415.30, all of which attempts have been unsuccessful, and said mail was returned marked "undeliverable" (or "moved-left no forwarding address"): 8. I have been unable to locate Respondent, within or outside the State of California, despite reasonable efforts and diligence. The following is a description of the records I have checked, the persons whom I have asked, and the other investigations I have made, in an effort to locate Respondent, all of which have been unsuccessful: 9. To the best of my knowledge, no person, firms, or entity other than as mentioned above knows, or is likely to know, the whereabouts of Respondent, and I know of no other source from which Respondent's whereabouts can be ascertained. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on at Declarant 2002 © American LegalNet, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 by 20 respondent Upon reading and filing evidence consisting of a declaration as provided in CCP Section 415.50 , and it satisfactorily appearing therefrom that the , cannot be served with reasonable Respondent. vs. Petitioner, ) ) ) ) ) ) ) ) ) ) ) Attorney for SUPERIOR COURT OF CALIFORNIA CONTRA COSTA COUNTY Case No. ORDER FOR PUBLICATION OF SUMMONS 21 diligence in any other manner specified in article 3, Chapter 4, Title 5 of the Code of Civil Procedure, 22 and it also appearing from the declaration that a good cause of action exists in this action in favor of 23 the petitioner, therein and against the respondent, and that the said respondent is a necessary and 24 proper party to the action or that the party to be served has or claims an interest in, real or personal 25 property in this state that is subject to the jurisdiction of the Court or the relief demanded in the action 26 consists wholly or in part in excluding such party from any interest in such property: 27 NOW, on motion of , IT IS 28 ORDERED that the service of said summons in this action be made upon said respondent by publication 2002 © American LegalNet, Inc. 1 thereof in a newspaper of general , California, hereby designated as the 2 circulation published at 3 4 5 6 7 8 9 10 11 Dated: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 newspaper most likely to give notice to said defendant; that said publication be made at least once a week for four successive weeks. IT IS FURTHER ORDERED that a copy of said summons or petition in this action and a copy of this order be forthwith deposited in the United States Post Office, post-paid, directed to said respondent if this address is ascertained before exp