YOUR NAME
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE (WITH AREA CODE)

YOUR NAME, IN PRO PER

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SACRAMENTO

NAME OF PLAINTIFF,
		Plaintiff,
	vs.
NAME OF DEFENDANT,
		Defendant,	)
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)	Case No.: CASE NUMBER

EX PARTE APPLICATION FOR ORDER AND PUBLICATION OF SUMMONS; POINTS AND AUTHORITIES; DECLARATION

Application is hereby made for an order directing that summons or citation in this action be served on defendant Name of Defendant, by publication of the summons or citation in Name of Newspaper, which is a newspaper of general circulation in this state is most likely to give defendant actual notice if the pendency of this action because State Reasons.
This application is made on the grounds that the plaintiff has stated a cause of action against the defendant, shown by the complaint or petition in this file and defendant Name of Defendant cannot with reasonable diligence be found and served by any other manner.
DATED: Insert Date
 	  		
	  Your Name
  Plaintiff in Pro Per		

MEMORANDUM OF POINTS AND AUTHORITIES

I. Background

The complaint or petition, which is for Type of Complaint, was filed on Date Complaint was Filed.
	The plaintiff has been diligently attempting to have the defendant served with the Summons and Complaint; however despite exercising diligence, the plaintiff has been unable to locate the defendant for service. The plaintiff now asks that the court permit the Summons to be served by publication in Name of Newspaper, a newspaper of general circulation in the county in which the defendant was last known to reside.

II. Legal Argument

A SUMMONS MAY BE SERVED BY PUBLICATION
California Code of Civil Procedure §415.50 permits a summons to be served upon the defendant by publication upon demonstration by affidavit that the party cannot be served with reasonable diligence personally, by mail, or by substitute service and that party, and that a cause of action exists against that party, or that a person is a necessary party, or the party claims an interest in real or personal property that is subject to the jurisdiction of the court. In the present case, the plaintiff has asserted a cause of action against the defendant, and for the reasons explained in the attached declaration cannot with reasonable diligence locate the defendant.

For these reasons, the plaintiff asks that the court permit the service of the Summons by publication.

DATED: Insert Date

	  Your Name
  Plaintiff in Pro Per		

DECLARATION

I, Name of Plaintiff, am the plaintiff in this action, and I declare the following support of my application to permit service on the defendant by publication:
1)	A cause of action exists against the party upon whom service is to be made, and he or she is a necessary or proper party to the action.
2)	Despite a diligent attempt to locate the respondent for service, I have been unable to do so.
3)	I have made the following efforts to learn the defendant or respondent’s whereabouts:
a)	On Date Records Were Searched, I searched the following records in the County of Insert County Name for the name of Name of Defendant and for the following variations of that name: List Variations:
i)	County Recorder and County Tax Assessor indexes
ii)	Telephone Directory, dated Date of Directory
iii)	Other  Describe Other Searches
 The party’s name was not found in any of the searches listed above.
 The party’s name was found in List Where Item Was Found and the following attempts were made to locate the party at the addresses shown: List Attempts Made

b)	I made the following attempts to locate the party through relatives, friends, or others likely to know the present whereabouts of the party: List Attempts Made

4)	As shown by the declaration or certificate of Name of Additional Person Attempting Service, Describe Capacity of Person to Serve, hereinafter referred to as “process server,” which is attached hereto as Exhibit A and made a part hereof, attempts to serve defendant with process in this action were made by the process server at the places, on the dates, and at the times indicated, and were unsuccessful.
5)	I am unaware of any other reasonable source of information or informant that would have facts leading me to locate the defendant. I cannot, after reasonable diligence, locate and serve the party.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

DATED: Insert Date

	  YOUR NAME 
  Plaintiff in Pro Per