In Re Tri-Valley Herald

Martin W. Inderbitzen and Varni, Fraser, Hartwell, McNichols & Rogers for Contestant and Appellant.

Gene Rhodes for Petitioner and Respondent.

OPINION

MERRILL, J.

Contestant and appellant Lesher Communications, Inc., appeals from a judgment establishing the Tri-Valley Herald as a newspaper of general circulation in the City of Pleasanton.

Floyd Sparks is the president of respondent Bay Area Publishing Company and the publisher of a newspaper known as the Tri-Valley Herald. On February 23, 1983, Bay Area Publishing Company filed a verified petition seeking a judgment ascertaining and establishing the Tri-Valley Herald as a newspaper of general circulation in the City of Pleasanton pursuant to Government Code sections 6008 and 6020. [1] Respondent sought such adjudication in order to qualify the newspaper for publishing legal notices in that jurisdiction. [2]

Section 6008 provides: "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…