I. Introduction
Service by publication is a last-resort method of serving legal documents when a party cannot, after due diligence, be located through conventional means. Under California Code of Civil Procedure (CCP) §§ 415.50 et seq., service by publication is allowed only upon court order and must comply strictly with statutory and constitutional due process standards.
This article outlines when service is deemed complete when it is made via publication and how long the defendant has to respond thereafter.
II. Legal Basis for Service by Publication
Pursuant to CCP § 415.50, a court may authorize service by publication when the plaintiff submits an affidavit showing:
- Reasonable diligence in attempting to locate the defendant;
- The defendant’s address or whereabouts cannot be determined;
- Service by other means (personal, substituted, or mail) is impracticable;
- The case is one in which service by publication is legally permitted.
Only after a judge grants a motion for service by publication can a plaintiff proceed to publish the summons in a newspaper of general circulation designated by the court.
III. When Is Service Deemed Complete?
According to CCP § 415.50(c) and CCP § 413.30, service by publication is deemed complete on the 28th day after the first date of publication.
- The summons must be published once a week for four consecutive weeks.
- The 28-day period begins to run on the date of the first publication, not the last.
- After that 28th day, the court considers the service legally sufficient to proceed with default or other procedural steps.
IV. Time to Respond After Service by Publication
Once service is deemed complete (i.e., on the 28th day after first publication), the defendant has 30 calendar days to file a response (e.g., an answer, demurrer, motion to strike).
This timeline is dictated by CCP § 412.20(a)(3) and general rules for responsive pleadings:
- Day 0: Service is complete on the 28th day after first publication.
- Day 1–30: Defendant must file a response within 30 days of that service date.
- If no response is filed, the plaintiff may request a default judgment.
V. Special Considerations
- Due process: Courts require strict compliance with the procedural rules for service by publication because it deprives the defendant of actual notice.
- Proof of publication: Plaintiff must file proof of publication (typically an affidavit from the newspaper) under CCP § 417.10(a).
- Relief from default: Defendants who did not actually receive notice may later move to set aside a default judgment under CCP § 473(b) or on constitutional grounds.
VI. Conclusion
Service by publication in California is considered complete 28 days after the first publication, and the defendant has 30 calendar days from that date to respond. Given the serious consequences of publication-based service, courts scrutinize whether plaintiffs exercised due diligence and complied with procedural safeguards.
For attorneys and self-represented litigants alike, understanding this timeline is crucial for either securing a default or challenging improper service.