Article 2. Establishing Standing As Newspaper Of General Circulation of California Government Code >> Division 7. >> Title 1. >> Chapter 1. >> Article 2.
Whenever a newspaper desires to have its standing as a
newspaper of general circulation ascertained and established, it may,
by its publisher, manager, editor or attorney, file a verified
petition in the superior court of the county in which it is
established, printed and published, setting forth the facts which
justify such action.
The petition or the substance thereof, together with a notice
that the petitioner intends on a named day to apply for an order
declaring it to be a newspaper of general circulation, shall be
published pursuant to Section 6062:
(a) In the petitioning newspaper, and
(b) In some other newspaper of general circulation published in
the same city as the petitioning newspaper if there is one, and if
there is none, or if publication in such newspaper is refused, then
in some other newspaper of general circulation published in the same
county, if there is one, and if there is none, or if publication in
such newspaper is refused, then, in lieu thereof, in some other
newspaper of general circulation published in an adjacent county or
in such other newspaper as the court shall direct.
Upon proof of the publication of the petition and notice, the
court shall set the petition for hearing. Any person may appear and
contest the petition either prior to or on the day set for the
hearing or the day to which it is continued.
The court shall hear the proofs of the petitioner and
contestant, if there be any. Within 10 days thereafter it shall
render its decision and judgment and the clerk shall enter it in the
records of the court.
(1) The decision and judgment may be vacated, modified or set
aside by the court on its own motion, or on the motion of any
person, whether a party to the original proceeding or not upon:
(a) A verified statement of facts being made to the court.
(b) Ten days' notice to the petitioner.
(c) A satisfactory showing made to the court that the newspaper
has ceased to be a newspaper of general circulation.
(2) The decision and judgment may be modified by the court on its
own motion, or on the motion of any person interested, whether a
party to the original proceeding or not, upon a similar verified
statement and the same notice and a satisfactory showing made to the
court that the newspaper has modified its name without any
substantial change in its character or identity as a newspaper of
general circulation.
All publications made in a newspaper during the period it was
adjudged to be a newspaper of general circulation are valid and
sufficient.
An appeal may be taken to the supreme court from any final
decision or judgment, or from any final order vacating, modifying or
setting aside a decision or judgment previously entered.
On and after July 1, 1952, a newspaper shall not be in fact
or in law a newspaper of general circulation unless it obtains or has
theretofore obtained a judicial decree establishing it as having
such status pursuant to the provisions of this article.