DID YOU KNOW BY ATTORNEY F.M. ZAVALA

SERVICE OF SUMMONS WHEN PETITION FOR DISSOLUTION OF MARRIAGE IS AMENDED

Under Gillette v. Burbank Community Hospital (1976) 56 Cal.App.3d 431

If the complaint (Petition) is amended before any service, an amended summons that refers to the amended complaint should be issued and served with a copy of the amended complaint.

[I]f an amendment adds a new party defendant, an amended or new summons naming that party as a defendant must be issued and served upon the new defendant, since no jurisdiction would be obtained by serving him with a copy of the summons that does not name him.

Under Engebretson Co. v. Harrison 125 CA3rd 436

If a party was served with the initial Summons and Complaint, in the absence of new and different parties named in an amended complaint, there is no requirement that a new amended summons must issue on an amended complaint.

Because the court in which the action is pending has jurisdiction over a defendant who has been properly served with summons (CCP § 410.50), plaintiff need not obtain an additional summons to serve that defendant when the complaint has been amended, as long as new parties are not added to the amended complaint.

Service in such cases is made without summons, usually by mailing a copy of the amended complaint to defendant or his attorney." (1 Cal. Civil Procedure Before Trial (Cont. Ed. Bar 1977) § 8.14, p. 300. See also, Witkin, Cal. Procedure (2d ed.) Actions, § 607, p. 1411, and Pleading, § 17, pp. 1703-1704.)