Ex-Parte Application for Service by Posting and Order Case Number ...

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, address <strong>and</strong> state bar number)FOR COURT USE ONLYTELEPHONE NO:FAX NO.:E-MAIL ADDRESS:ATTORNEY FOR:SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCEDSTREET ADDRESS: 2260 N STREETMAILING ADDRESS: 627 WEST 21 ST STREETCITY AND ZIP CODE: MERCED, CA 95340BRANCH NAME:PETITIONERRESPONDENT:OTHER PARENTEX PARTE APPLICATION FOR SERVICE BY POSTING AND ORDERTHEREON (CCP 413.30)CASE NUMBERAPPLICATIONPetitioner here<strong>by</strong> applies ex-parte <strong>for</strong> an order pursuant to Code of Civil Procedure § 413.30 directing that thePetition/Summons Request <strong>for</strong> <strong>Order</strong> Reissuance in the above entitled action be served on the Respondent (1)<strong>by</strong> mailing said documents to Respondent’s last known address <strong>and</strong> (2) <strong>by</strong> posting said documents along with this<strong>Application</strong> in the FAMILY LAW COURT, located at the address stated above.DECLARATIONI, 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 <strong>Order</strong> <strong>for</strong> Waiver of Fees <strong>and</strong> Costs on file in this case.3. I am unable to af<strong>for</strong>d the cost of publication of the SUMMONS.4. I have been unable to locate the Respondent after using reasonable diligence <strong>by</strong> conducting the followinginvestigations:a. I went to Respondent’s last known address <strong>and</strong> s/he no longer lives there. No one at that address knowswhere s/he lives now.b. I examined the telephone directories of Merced County <strong>and</strong> no listing was found <strong>for</strong> Respondent.c. I examined the records of the Merced County Tax Assessor <strong>and</strong> Respondent is not listed as a property owner.d. I contacted the Department of Motor Vehicles using Form INF 1129 <strong>and</strong> no address <strong>for</strong> Respondent wasdiscoverede. I have spoken to Respondent’s friends <strong>and</strong> none of them know where s/he lives.f. Other ef<strong>for</strong>ts (specify):5. The last time I saw Respondent was (date <strong>and</strong> location).6. I underst<strong>and</strong> that if I am advised of the whereabouts of the Respondent prior to the Default (or Hearing Date ifon a Request <strong>for</strong> <strong>Order</strong>) I must have the Respondent personally served with the Summons/Petition, Request<strong>for</strong> <strong>Order</strong>, or Reissuance.I declare under penalty of perjury under the laws of the state of Cali<strong>for</strong>nia that the <strong>for</strong>egoing is true.Date: ____________________PETITIONER’S NAME (PRINT)(Continued on reverse)SIGNATURE OF PETITIONERMER-0005Revised Jan-2013 EX PARTE APPLICATION FOR SERVICE BY POSTING CCP 413.30AND ORDER THEREON (CCP 413.30)(AND CLERK’S PROOF OF SERVICE)

CASE NUMBERMEMORANDUM OF POINTS AND AUTHORITIESThe court may direct that a summons be served in any manner whichis reasonably calculated to give actual notice to the other party.Code of Civil Procedure § 413.30 states: “Where no provision is made in this chapter or other law <strong>for</strong> the serviceof summons. The court in which the action is pending may direct that the summons be served in a manner which isreasonably calculated to give actual notice to the party served <strong>and</strong> that proof of such service be made as prescribed <strong>by</strong>the court.”Cohen v. Board of Supervisors <strong>for</strong> the County of Alameda (1971) 20 Cal.App.3d 236 held that indigents in maritalcases were entitled to access to courts <strong>by</strong> waiver of costs <strong>and</strong> also to provision <strong>for</strong> service of process. In Cohen, plaintiffslacked funds to pay <strong>for</strong> service <strong>by</strong> publication, which was required because their spouses could not be found <strong>for</strong> personalservice. The court, following Boddie v. Connecticut (1971) 401 U.S. 371, 382 stated that service <strong>by</strong> mail at the party’s lastknown address <strong>and</strong> 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 <strong>and</strong> has been unable to locate Respondent in order to effect personalservice.Respectfully submitted,Date: ____________________PETITIONER’S NAME (PRINT)SIGNATURE OF PETITIONERORDERMOTION IS DENIED BECAUSEGOOD CAUSE APPEARING THEREFOR IT IS SO ORDERED. <strong>Service</strong> shall be deemed effective twenty-eight (28)days after the REQUEST FOR ORDER are posted in the Clerk’s office.PETITIONER MUST HAVE RESPONDENT PERSONALLY SERVED WITH THE SUMMONS/PETITION, REQUEST FORORDER OR REISSUANCE IF RESPONDENT’S WHEREABOUTS BECOME KNOWN PRIOR TO THE DEFAULT ORHEARING DATE.Date: __________________Judicial OfficerCLERK’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 Cali<strong>for</strong>nia County of Merced, <strong>and</strong> not a party to this action.2. On ______________________ I personally posted the SUMMONS/PETITION REQUEST FOR ORDERREISSUANCE in a conspicuous place at the Superior Court Department 6, located at, 2260 N Street, Merced,Cali<strong>for</strong>nia.I declare under penalty of perjury that the <strong>for</strong>egoing is true.Linda Romero Soles, Court <strong>Ex</strong>ecutive OfficerDate:By:Deputy ClerkCLERK’S PROOF OF SERVICE BY POSTING (CCP 413.30) CCP § 413.30Rev JAN 2013