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In Re Establishment of the Wall Street Journal As A Newspaper of General Circulation. v. Metropolitan News Company

October 11, 2011

IN RE ESTABLISHMENT OF THE WALL STREET JOURNAL AS A NEWSPAPER OF GENERAL CIRCULATION. ANDREW P. JOHNSON, PETITIONER AND RESPONDENT,
v.
METROPOLITAN NEWS COMPANY, CONTESTANT AND APPELLANT.



(Los Angeles County Super. Ct. No. BS128936) APPEAL from a judgment of the Superior Court of Los Angeles County, Matthew C. St. George, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)

The opinion of the court was delivered by: Croskey, J.

CERTIFIED FOR PUBLICATION

Affirmed.

Metropolitan News Company (MNC) appeals a judgment declaring The Wall Street Journal (WSJ) a newspaper of general circulation for the City of Los Angeles pursuant to Government Code section 6000.*fn1 MNC contends WSJ fails to satisfy the statutory requirements because it is not "printed and published" exclusively in the City of Los Angeles and because the "typesetting" does not take place in the city. We conclude that MNC has shown no error and will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

WSJ is a daily newspaper published in New York City and several other cities by Dow Jones & Company, Inc. Andrew P. Johnson, a manager of Dow Jones & Company, Inc., filed a petition pursuant to section 6020 to declare WSJ a newspaper of general circulation for the City of Los Angeles.

MNC opposed the petition, arguing that WSJ is a national newspaper and "is not a Los Angeles newspaper" (italics omitted). MNC also argued that the petition failed to allege that the "typesetting" takes place in the City of Los Angeles and therefore failed to properly allege that the newspaper is printed in the city. MNC argued further that a newspaper can be "printed and published" within the meaning of sections 6000 and 6004.5 in one city and only one city and therefore cannot qualify as a newspaper of general circulation for more than one city.

After a hearing on the petition, the trial court entered an order on December 7, 2010, declaring WSJ a newspaper of general circulation for the City of Los Angeles. The court found that WSJ was printed in the city for at least one year before the filing of the petition because during that period of time "the mechanical work of multiplying copies of the newspaper has been performed in the City of Los Angeles." The court also found that WSJ was published in the city during that period of time and that the other statutory requirements had been satisfied.

MNC timely appealed the order.*fn2

CONTENTIONS

MNC contends (1) WSJ is not "printed and published" in the City of Los Angeles because it is printed in other cities and cannot be "printed and published" within the meaning of section 6000 in more than one city; and (2) WSJ is not printed in the City of Los Angeles because the "typesetting," or its modern equivalent of computer keyboard typing by newspaper reporters, does not take place in the city.

DISCUSSION

1. Statutory Requirements

Certain official notices must be published in a newspaper of general circulation. (ยง 6040.) A newspaper of general circulation is defined as "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 ...


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