Application And Order For Publication Of Summons (Family Law) {322}

322 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO.(Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SOLANO STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: 600 Union Avenue P.O. Caller 5000 Fairfield, CA 94533 321 Tuolumne Street 321 Tuolumne Street Vallejo, CA 94590 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT: APPLICATION AND ORDER FOR PUBLICATION OF SUMMONS (FAMILY LAW) CASE NUMBER: I, , hereby apply for an order for service of summons by publication , pursuant to Code of Civil Procedure section on the respondent, 415.50 and Government Code section 6064. I declare as follows: 1. The petition was filed and the summons issued in this matter on (date): action exists against the respondent for: Dissolution of marriage or registered domestic partnership Legal separation Nullity of marriage or registered domestic partnership Establishment of parental relationship Other: . A cause of 2. The whereabouts of the respondent are unknown to me and the respondent cannot with reasonable diligence be served by personal service, service by mail, substituted service, or another form of service authorized by the Code of Civil Procedure sections 415.10 through 415.40. I have submitted with this application a Declaration in Support of Application for Order for Publication of Summons (Solano County Local Form no. 323), which details my efforts to locate the respondent and have the respondent served. 3. I request an order that the Summons for this matter be published in the following newspaper: . This newspaper is published in the State of California in the County of another state: another country: . I believe that publication in this newspaper is most likely to give actual notice to the respondent because: Continued on attached page(s). Be sure to include your case name and number at the top of each page. APPLICATION AND ORDER FOR PUBLICATION OF SUMMONS (FAMILY LAW) Adopted for Mandatory Use Solano County Local Form no. 322 Eff. 09/08 American LegalNet, Inc. www.FormsWorkflow.com SCLR 5.4 Page 1 of 2 322 IN RE: CASE NUMBER: 4. If the court orders that the summons be served by publication, I understand that if I learn the respondent's address before the publication period has ended, I must have a copy of the summons, the petition, and the order for publication mailed forthwith to the respondent. Number of pages attached: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (Signature of Petitioner) Do Not Write Below This Line ­ For Court Use Only ORDER The court has considered this application and the Declaration in Support of Application for Order for Publication of Summons, and orders as follows: 1. The court finds that the respondent cannot with reasonable diligence be served in another manner as specified by the Code of Civil Procedure sections 415.10 through 415.50 and that a cause of action exists against the respondent. THEREFORE, IT IS ORDERED that service of summons on the respondent in this action be made by publication in the newspaper named in this Application and Order for Publication of Summons, a newspaper of general circulation hereby designated as the newspaper most likely to give notice to the respondent, and that publication be made at least once a week for four consecutive weeks. Petitioner shall file proof with the court that the publication has taken place within 30 days after the publication period has ended. If the petitioner ascertains the respondent's address before expiration of the time prescribed for publication of the summons, petitioner shall immediately mail a copy of the summons, the petition, and this order for publication to the respondent. 2. The court finds that the petitioner has not shown to the court's satisfaction that the respondent cannot with reasonable diligence be served in another manner as specified by the Code of Civil Procedure sections 415.10 through 415.50. Therefore, the petition to publish the summons is denied without prejudice. 3. A hearing on this request has been set for (date) at (time) at this hearing. It is so ordered. Dated: Judge/Commissioner of the Superior Court in Department . The petitioner is ordered to appear APPLICATION AND ORDER FOR PUBLICATION OF SUMMONS (FAMILY LAW) Adopted for Mandatory Use Solano County Local Form no. 322 Eff. 09/08 American LegalNet, Inc. www.FormsWorkflow.com SCLR 5.4 Page 2 of 2