California Code of Civil Procedure

§ 415.46

CCP § 415.46 Effective Jan 1, 2015Title 5 · Part 2 · Ch. 4 · Art. 3

Statute text

(a)In addition to the service of a summons and complaint in an action for unlawful detainer upon a tenant and subtenant, if any, as prescribed by this article, a prejudgment claim of right to possession may also be served on any person who appears to be or who may claim to have occupied the premises at the time of the filing of the action. Service upon occupants shall be made pursuant to subdivision (c) by serving a copy of a prejudgment claim of right to possession, as specified in subdivision (f), attached to a copy of the summons and complaint at the same time service is made upon the tenant and subtenant, if any.

(b)Service of the prejudgment claim of right to possession in this manner shall be effected by a marshal, sheriff, or registered process server.

(c)(1) When serving the summons and complaint upon a tenant and subtenant, if any, the marshal, sheriff, or registered process server shall make a reasonably diligent effort to ascertain whether there are other adult occupants of the premises who are not named in the summons and complaint by inquiring of the person or persons who are being personally served, or any person of suitable age and discretion who appears to reside upon the premises, whether there are other occupants of the premises.

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Legislative history

Amended by Stats. 2014, Ch. 913, Sec. 7. (AB 2747) Effective January 1, 2015. Note: See published chaptered bill for complete section text. The Prejudgment Claim of Right to Possession form appears on pages 73 to 76 of Ch. 913.