Does Respondent's counsel fail to notify the court that appellant was to be out of the country at the time of publication of a summons?

California, United States of America


The following excerpt is from Ung v. Headman, H042617 (Cal. App. 2017):

Appellant also argues that respondents' counsel failed to notify the court that appellant was going to be out of the country during the period when publication of the summons would occur. He further claims that counsel waited to run the publication in the newspaper until he knew appellant would be out of the country. Publication of the summons at a locale where a plaintiff knows a defendant is not present does not satisfy the requirements of service by publication under section 415.50, subdivision (b). (Olvera v. Olvera (1991) 232 Cal.App.3d 32, 42-43.)

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