In Re Establishment of Perris City News

The publisher of a newspaper appeals from a judgment declaring one of its competitors to be a newspaper of general circulation. After concluding that we have exclusive appellate jurisdiction over the appeal despite conflicting language in Government Code section 6026, we affirm.

Factual and Procedural Background

The Perris Progress (the Progress) is a newspaper published and distributed in the City of Perris. In 1952, it was adjudged to be a newspaper of general circulation. (Gov. Code, §§ 6000-6078. ) Official advertising, notices, and orders may only be published in newspapers of general circulation. (§ 6040.)

The Perris City News (the News) is a competing newspaper that is also located in and distributed within the City of Perris. In March of 2000, the News’s publisher, Gary Lendennie, filed a petition pursuant to section 6020 to have the News declared to be a newspaper of general circulation (general-circulation petition). That petition was granted and a judgment to that effect was issued in April of 2000.

In December of 2000, the Progress moved to vacate that judgment on the ground that the general-circulation petition had not been published in a newspaper of…