In Re San Diego Commerce

The San Diego Daily Transcript (Transcript) appeals from a judgment in favor of respondent San Diego Commerce (Commerce), rejecting Transcript’s efforts to have Commerce’s adjudication as a newspaper of general circulation set aside. Transcript contends (as it did below) that in order for Commerce to qualify as a newspaper of general circulation under Government Code section 6000, Commerce must have a substantial distribution. While Transcript concedes the statute’s words contain no such language, Transcript argues that constitutional grounds (never urged below) require us to imply such language. We reject this argument for the reasons set out below, and affirm the judgment.

Facts and Procedure

Government Code section 6027 provides that any newspaper shall not be deemed to be one of “general circulation” unless it first obtains a judicial decree to that effect, which may be done after the newspaper demonstrates that it is in compliance with the relevant code sections.

In 1991, a newspaper known as the Ad Sheet was adjudicated to be one of general circulation pursuant to section 6000. In December of that year, the adjudication was modified to reflect the fact that there…