Section 1210 Of Chapter 6. Railroad Crossings From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 6.
1210
. If any owner or claimant named in the petition or order on
the commission's own motion resides out of the State or has departed
from the State or cannot after due diligence be found within the
State, or conceals himself to avoid service, or is a corporation
having no managing or business agent, cashier or secretary or other
officer upon whom summons may be served, who, after due diligence,
can be found within the State, and the fact appears by affidavit to
the satisfaction of the commission, and it also appears by such
affidavit or by the petition or order on the commission's own motion
that a cause of action exists against such owner or claimant on whom
service is to be made and that he is a necessary or proper party to
the proceeding, the commission may make an order that the service be
made on such owner or claimant by publication of the commission's
order to show cause. The order shall direct that the publication be
made in a newspaper designated by the commission as likely to give
notice to the owner or claimant to be served, and for such time as
the commission finds to be reasonable, at least once a week, but
publication against an owner or claimant residing out of the State or
absent therefrom shall not be less than two months.
If the address of any owner or claimant as stated in the petition
or order on the commission's own motion is out of the State, the
secretary of the commission shall, within 15 days after the making
and filing of the order to show cause, deposit or cause to be
deposited a copy of that order, certified under the seal of the
commission, with a copy of the petition or order on the commission's
own motion attached thereto or made part thereof, in the United
States mail, enclosed in a sealed envelope, registered, with postage
prepaid, addressed to such owner or claimant at the address specified
in the petition or order on the commission's own motion. Personal
service of a copy of the order to show cause and of the petition or
order on the commission's own motion out of the State is equivalent
to publication and deposit in the United States mail.