Article 1. General of California Government Code >> Division 7. >> Title 1. >> Chapter 1. >> Article 1.
A "newspaper of general circulation" is a newspaper published
for the dissemination of local or telegraphic news and intelligence
of a general character, which has a bona fide subscription list of
paying subscribers, and has been established, printed and published
at regular intervals in the State, county, or city where publication,
notice by publication, or official advertising is to be given or
made for at least one year preceding the date of the publication,
notice or advertisement.
A newspaper devoted to the interests, or published for the
entertainment or instruction of a particular class, profession,
trade, calling, race, or denomination, or for any number thereof,
when the avowed purpose is to entertain or instruct such classes, is
not a newspaper of general circulation.
For a newspaper to be "established," it shall have been in
existence under a specified name during the whole of the one-year
period; provided, however, nothing herein contained shall prevent a
modification of name in accordance with Section 6024 hereof where the
modification of name does not substantially change the identity of
the newspaper.
For a newspaper to be "printed," the mechanical work of
producing it, that is the work of typesetting and impressing type on
paper, shall have been performed during the whole of the one year
period.
If a monthly average of at least 50 per cent of the work of
typesetting and a monthly average of at least 50 per cent of the work
of impressing type on paper is done in accordance with the other
provisions of this article, the requirements embodied in "printed"
are met.
For a newspaper to be "published," it shall have been issued
from the place where it is printed and sold to or circulated among
the people and its subscribers during the whole of the one year
period.
In order to qualify as a newspaper of general circulation
the newspaper, if either printed or published in a town or city,
shall be both printed and published in one and the same town or city.
"Printed" and "published" are not synonymous. Each relates to
separate acts or functions necessary to constitute a newspaper of
general circulation.
Nothing in this chapter alters the standing of any newspaper
which, prior to the passage of Chapter 258 of the Statutes of 1923,
was an established newspaper of general circulation, irrespective of
whether it was printed in the place where it was published for a
period of one year as required.
The status of a newspaper of general circulation remains
unchanged in the event that the publication of the newspaper is
discontinued by reason of economic or other conditions induced by any
war to which the United States is a party and the publication is
then renewed either while the war is still pending or within a period
of one year from and after the date on which hostilities officially
terminate.
Notwithstanding any provision of law to the contrary, a
newspaper is a "newspaper of general circulation" if it meets the
following criteria:
(a) It is a newspaper published for the dissemination of local or
telegraphic news and intelligence of a general character, which has a
bona fide subscription list of paying subscribers and has been
established and published at regular intervals of not less than
weekly in the city, district, or judicial district for which it is
seeking adjudication for at least three years preceding the date of
adjudication.
(b) It has a substantial distribution to paid subscribers in the
city, district, or judicial district in which it is seeking
adjudication.
(c) It has maintained a minimum coverage of local or telegraphic
news and intelligence of a general character of not less than 25
percent of its total inches during each year of the three-year
period.
(d) It has only one principal office of publication and that
office is in the city, district, or judicial district for which it is
seeking adjudication.
For the purposes of Section 6020, a newspaper meeting the criteria
of this section which desires to have its standing as a newspaper of
general circulation ascertained and established, may, by its
publisher, manager, editor, or attorney, file a verified petition in
the superior court of the county in which it is established and
published.
As used in this section:
(1) "Established" means in existence under a specified name during
the whole of the three-year period, except that a modification of
name in accordance with Section 6024, where the modification of name
does not substantially change the identity of the newspaper, shall
not affect the status of the newspaper for the purposes of this
definition.
(2) "Published" means issued from the place where the newspaper is
sold to or circulated among the people and its subscribers during
the whole of the three-year period.