California Business and Professions Code 6110 – The court or judge may direct the service of a citation to the …
The court or judge may direct the service of a citation to the accused, requiring him to appear and answer the accusation, to be made by publication for thirty days in a newspaper of general circulation published in the county in which the proceeding is pending, if it appears by affidavit to the satisfaction of the court or judge that the accused either:
(a) Resides out of the State.
Terms Used In California Business and Professions Code 6110
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- County: includes city and county. See California Business and Professions Code 17
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
(b) Has departed from the State.
(c) Can not, after due diligence, be found within the State.
(d) Conceals himself to avoid the service of the order to show cause.
The citation shall be:
(a) Directed to the accused.
(b) Recite the date of the filing of the accusation, the name of the accuser, and the general nature of the charges against him.
(c) Require him to appear and answer the accusation at a specified time.
On proof of the publication of the citation as herein required, the court has jurisdiction to proceed to hear the accusation and render judgment with like effect as if an order to show cause and a copy of the accusation had been personally served on the accused.
(Added by Stats. 1939, Ch. 34.)