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Ex-Parte Application For Service By Posting And Order Case Number Thereon MER-0005 - California
| Ex-Parte Application For Service By Posting And Order Case Number Thereon Form. This is a California form and can be used in Family Court Merced Local County . |
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, address and state bar number) : FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name) : FAX NO.: SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED STREET ADDRESS: 2260 "N" Street MAILING ADDRESS: 627 West 21st Street CITY AND ZIP CODE: MERCED, CA 95340 BRANCH NAME: PETITIONER: RESPONDENT: EX PARTE APPLICATION FOR SERVICE BY POSTING AND ORDER THEREON (CCP 413.30) APPLICATION CASE NUMBER: Petitioner hereby applies ex-parte for an order pursuant to Code of Civil Procedure § 413.30 directing that the SUMMONS and PETITION ORDER TO SHOW CAUSE NOTICE OF MOTION in the above entitled action be served on the Respondent (1) by mailing said documents to Respondent's last known address and (2) by posting said documents along with this Application in the FAMILY LAW COURT, located at the address stated above. DECLARATION I, the Petitioner, declare that the following facts are true (check all that apply): 1. I am the petitioner in the above-entitled case. 2. I have a valid Order for Waiver of Fees and Costs on file in this case. 3. I am unable to afford the cost of publication of the SUMMONS. 4. I have been unable to locate the Respondent after using reasonable diligence by conducting the following investigations: a. I went to Respondent's last known address and s/he no longer lives there. No one at that address knows where s/he lives now. b. I examined the telephone directories of Merced County and no listing was found for Respondent. c. I examined the records of the Merced County Tax Assessor and Respondent is not listed as a property owner. d. I contacted the Department of Motor Vehicles using Form INF 1129 and no address for Respondent was discovered. e. I have spoken to Respondent's friends and none of them know where s/he lives. f. Other efforts (specify): 5. The last time I saw Respondent was (date and location). I last saw 6. I understand that if I am advised of the whereabouts of the Respondent prior to the Default (or Hearing Date if on an Order To Show Cause or Notice of Motion) I must have the Respondent personally served with the Summons and Petition, or Order to Show Cause or Notice Of Motion. I declare under penalty of perjury under the laws of the state of California that the foregoing is true. Date: PETITIONER'S NAME (PRINT) SIGNATURE OF PETITIONER Original design by Gay Conroy, Ventura County Superior Court MER-0005 Rev. 04/02/2007 MNG (Continued on reverse) EX PARTE APPLICATION FOR SERVICE BY POSTING AND ORDER THEREON (CCP 413.30) (AND CLERK'S PROOF OF SERVICE) CCP 413.30 American LegalNet, Inc. www.FormsWorkFlow.com MEMORANDUM OF POINTS AND AUTHORITIES The court may direct that a summons be served in any manner which is reasonably calculated to give actual notice to the other party. Code of Civil Procedure § 413.30 provides: "Where no provision is made in this chapter or other law for the service of summons. The court in which the action is pending may direct that the summons be served in a manner which is reasonably calculated to give actual notice to the party served and that proof of such service be made as prescribed by the court." Cohen v. Board of Supervisors for the County of Alameda (1971) 20 Cal.App.3d 236 held that indigents in marital cases were entitled to access to courts by waiver of costs and also to provision for service of process. In Cohen, plaintiffs lacked funds to pay for service by publication, which was required because their spouses could not be found for personal service. The court, following Boddie v. Connecticut (1971) 401 U.S. 371, 382 stated that service by mail at the party's last known address and posted notice "is equally effective as publication in a newspaper". The court's finding relied on CCP § 413.30 because law makes no provision if publication is practically impossible. In the present case, Petitioner is indigent and has been unable to locate Respondent in order to effect personal service. Respectfully submitted, Date PETITIONER'S NAME (PRINT) SIGNATURE OF PETITIONER ORDER 1. GOOD CAUSE APPEARING THEREFOR IT IS SO ORDERED. Service shall be deemed effective twenty-eight (28) days after the SUMMONS and PETITION are posted in the Clerk's office. 2. PETITIONER MUST HAVE RESPONDENT PERSONALLY SERVED WITH THE SUMMONS AND PETITION, ORDER TO SHOW CAUSE OR NOTICE OF MOTION IF RESPONDENT'S WHEREABOUTS BECOME KNOWN PRIOR TO THE DEFAULT OR HEARING DATE DATE: JUDGE OF THE SUPERIOR COURT CLERK'S PROOF OF SERVICE OF SUMMONS AND PETITION BY POSTING (CCP 413.30) I, the undersigned, declare: 1. I am an employee of the Superior Court of California County of Merced, and not a party to this action. 2. On the SUMMONS and PETITION ORDER TO SHOW CAUSE NOTICE OF MOTION were posted in a conspicuous place at the Superior Court Department 10, located at 2260 N Street, Merced, California. 3. The SUMMONS and PETITION for at least twenty-eight (28) days until ORDER TO SHOW CAUSE NOTICE OF MOTION remained so posted when I personally removed it. 4. I declare under penalty of perjury that the foregoing is true. Date DEPUTY CLERK MER-0005 Rev. 04/02/2007 MNG CLERK'S PROOF OF SERVICE OF SUMMONS AND PETITION BY POSTING (CCP 413.30) Page two CCP 413.30 American LegalNet, Inc. www.FormsWorkFlow.com
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