Medeiros

Medeiros v. South Coast Newspapers

Good Law
1992 Cal. App. LEXIS 819·7 Cal. App. 4th 982·9 Cal. Rptr. 2d 291·92 Daily Journal DAR 8825·20 Media L. Rep. (BNA) 1451
Court of Appeal of CaliforniaJune 25, 1992D014807California1,525 words

Opinion

Opinion

Huffman, J.

Donna Medeiros successfully petitioned the superior court to have the Oceanside Breeze established as a newspaper of general circulation for the City of Oceanside (Gov. Code, §§ 6008, 6023). Objector South Coast Newspapers doing business as the Blade Citizen (South Coast) appeals, contending the court erred in finding the Oceanside Breeze had a bona fide subscription list of paying subscribers and a substantial distribution to paid subscribers in the City of Oceanside as required by section 6008. We reverse and remand.

Discussion

Section 6008 states in pertinent part:

In In re Carson Bulletin (1978) 85 Cal.App.3d 785 [ 149 Cal.Rptr. 764 ], the newspaper in question had 12 paid subscribers in a city with a population of about 79,000. (Id. at p. 789.) The reviewing court concluded it did not have a substantial distribution to paid subscribers as required by section 6008. (Id. at p. 790.) The court stated:

Carson is apparently the only case concerning section 6008’s requirement of substantial distribution to paid subscribers.

Section 6008 was enacted in 1974 as an alternative to section 6000. (In re Carson Bulletin, supra, 85 Cal.App.3d at p. 792 ; In re Tri-Valley…

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