California Code of Civil Procedure 872.330 is the California partition statute that provides further clarification for a court-ordered service by publication, including defendants that should be named and the property to be included. The statute states that:
(a) Where the court orders service by publication, the publication may:
(1) Name only the defendants to be served thereby.
(2) Describe only the property in which the defendants to be served thereby have or claim interests.
(b) Judgment based on failure to appear and answer following service under this section shall be conclusive against the defendants named in respect only to property described in the publication.
California Code of Civil Procedure 872.330
However, a special rule has been added by the Partition of Real Property Act as follows:
If the plaintiff in a partition action seeks an order of notice by publication, the plaintiff, not later than 10 days after the court’s determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
California Code of Civil Procedure 874.314(b)
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