TITLE V. Of the Manner of Commencing Civil Actions. SEC. 411. 412. Summons, how served. Publication of summons, when defendant is absent from the state, concealed, or a foreign corporation having no agent, etc. Summons, how served. § 411. The summons must be served by delivering a copy thereof, as follows: 1. If the suit is against a corporation formed under the laws of this state, to the president or other head of the corporation, secretary, cashier, or managing agent thereof; 2. If the suit is against a foreign corporation, or a nonresident joint stock company, or association, doing business and having a managing or business agent, cashier, or secretary within this state, to such agent, cashier, or secretary; 3. If against a minor under the age of fourteen years, residing within this state, to such minor, personally, and also to his father, mother, or guardian; or, if there be none within this state, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4. If against a person residing within this state, who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such person and also to his guardian; 5. If against a county, city or town, to the president of the board of supervisors, president of the council or trustees, or other head of the legislative department thereof; 6. In all other cases, to the defendant personally. Amended March 24, 1874; amendts. 1873-4, p. 298. 59 Cal. 473, 493; 64 Cal. 597; 66 Cal. 315; 79 Cal. 104; S7 Cal. 531; 97 Cal. 397; 120 Cal. 430; 127 Cal. 68; 128 Cal. 332; 134 Cal. 633; 139 Cal. 177, 178; 143 Cal. 21; 2 Cal. App. 585, 586, 589; 3 Cal. App. 33. Publication of summons, when defendant is absent from the state, concealed, or a foreign corporation having no agent, etc. $ 412. Where the person on whom service is to be made resides out of the state; or has departed from the state; or can not, after due diligence, be found within the state; or conceals himself to avoid the service of summons; or is a foreign corporation having no managing or business agent, cashier or secretary within the state, and the fact appears by affidavit to the satisfaction of the court, or a judge thereof; and it also appears by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action; or when it appears by such affidavit, or by the complaint on file herein, that it is an action which relates to or the subject of which is real or personal property in this state, in which such person defendant or foreign corporation defendant has or claims a lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part in excluding such person or foreign corporation from any interest therein, such court or judge may make an order that the service be made by the publication of the summons; provided, that where service is sought to be made upon a person who can not, after due diligence, be found within the state it must first appear to the court by the affidavit aforesaid that there has not been filed, on behalf of such person, in the county where such action is pending, the certificate of residence provided for by section one thousand one hundred and sixty-three of the Civil Code in the county in which the action is brought; or that said certificate was so filed and that the defendant can not be found at the place named in said certificate, which latter fact must be made to appear by the certificate of the sheriff of the county wherein said defendant claims residence in and by said certificate of residence, and which certificate of said sheriff must show that service of said summons was attempted upon said defendant at the place named in said certificate of residence but that said defendant was not to be found thereat. Amended March 18, 1905; stats. 1905, p. 141. 64 Cal. 597; 67 Cal. 19; 68 Cal. 87; 70 Cal. 433; 72 Cal. 68; 73 Cal. 600; 76 Cal. 611, 647; 86 Cal. 583; 92 Cal. 346; 99 Cal. 325; 101 Cal. 573: 109 Cal. 254; 115 Cal. 277; 119 Cal. 301; 137 Cal. 426, 655; 138 Cal. 446; 144 Cal. 415, 787; 149 Cal. 484; 150 Cal. 310, 322; 151 Cal. 54, 514; XXXVI Cal. Dec. 248; XXXVII Cal. Dec. 313. 17--CL. SEC. 437a. TITLE VI. Of the Pleadings in Civil Actions. CHAPTER IV. THE ANSWER. Actions to recover insurance, what defendant claiming exemption must set up. Actions to recover insurance, what defendant claiming exemption must set up. § 437a. In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause of the loss was a peril insured against, the loss was remotely caused by or would not have occurred but for a peril excepted in the contract of insurance, the defendant shall in his answer set forth and specify the peril which was the proximate cause of the loss, in what manner the peril excepted contributed to the loss or itself caused the peril insured against, and if he claim that the peril excepted caused the peril insured against, he shall in his answer set forth and specify upon what premises or at what place the peril excepted caused the peril insured against. Enacted March 21, 1907; stats. 1907, p. 836. SEC. 446. CHAPTER VI. VERIFICATION OF PLEADINGS. Verification of pleadings. Verification of pleadings. § 446. Every pleading must be subscribed by the party or his attorney; and when the complaint is verified, or when the state, or any officer of the state, in his official capacity, is plaintiff, the answer must be verified, unless an admission of the truth of the complaint might subject the party to a criminal prosecution, or, unless an officer of the state, in his official capacity, is defendant. In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are herein stated on his information or belief, and as to those matters that he believes it to be true; and where a pleading is verified, it must be by the affidavit of a party, unless the parties are absent from the county where the attorney has his office, or from some cause unable to verify it, or the facts are within the knowledge of his attorney or other person verifying the same. When the pleading is verified by the attorney, or any other person except one of the parties, he must set forth in the affidavit the reasons why it is not made by one of the parties. When a corporation is a party, the verification may be made by any officer thereof. When the state, or any county thereof, or any officer of the state, or of any county thereof, in his official capacity is plaintiff, the complaint need not be verified. Amended March 20, 1907; stats. 1907, p. 707. 52 Cal. 182; 58 Cal. 40; 60 Cal. 375; 65 Cal. 337; 68 Cal. 410; 72 Cal. 88; 78 Cal. 121; 80 Cal. 60; 83 Cal. 562; 98 Cal. 33; 106 Cal. 579; 113 Cal. 171; 114 Cal. 475; 128 Cal. 328, 584; 138 Cal. 158, 447; 147 Cal. 494. NOTE. § 446. The words "where the attorney has his office" have been substituted for the words "where the attorney resides," and the last sentence has been added. TITLE VII. Of the Provisional Remedies in Civil Actions. CHAPTER III. INJUNCTION. SEC. 531. Injunction to suspend business of a corporation, how granted. Injunction to suspend business of a corporation, how granted. § 531. An injunction to suspend the general and ordinary business of a corporation can not be granted without due notice of the application therefor to the proper officers or managing agent of the corporation, except when the people of this state are a party to the proceeding. Amended March 16, 1907; stats. 1907, p. 342. 65 Cal. 189; 66 Cal. 163, 314; 110 Cal. 145; 125 Cal. 299. NOTE.- 531. The words "except by the court or a judge thereof; nor can it be granted" are omitted, as entirely superfluous. SEC. 541. CHAPTER IV. ATTACHMENT. Shares of stock and debts due defendant, how attached and disposed of. 542. How real and personal property shall be attached. Shares of stock and debts due defendant, how attached and disposed of. § 541. The rights or shares which the defendant may have in the stock of any corporation or company, together, with the interest and profit thereon, and all debts due such defendant, and all other property in this state of such defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution. Enacted March 11, 1872. 57 Cal. 255; 144 Cal. 67. Stocks or shares, how attached: § 542, subd. 4. Debts and credits, etc., how attached: § 542, subd. 5. How real and personal property shall be attached. $ 542. The sheriff to whom the writ is directed and delivered, must execute the same without delay, and if the undertaking mentioned in section five hundred and forty be not given, as follows: 1. Real property, standing upon the records of the county in the name of the defendant, must be attached, by filing with the recorder of the county a copy of the writ, together with a description of the property attached, and a notice that it is attached; and by leaving a similar copy of the writ, description. and notice with an occupant of the property, if there is one; if not, then by posting the same in a conspicuous place on the property attached. 2. Real property, or an interest therein, belonging to the defendant, and held by any other person, or standing on the records of the county in the name of any other person, must be attached, by filing with the recorder of the county a copy of the writ, together with a description of the property, and a |