Metropolitan News-Enterprise v. Daily Journal Corp.

We are called upon to determine whether a newspaper of general circulation that was established prior to 1923 may, without publishing notice, obtain an adjudication that it is a newspaper of general circulation for every city incorporated since 1923 within the county in which the newspaper is established. We conclude that doing so is inconsistent with applicable statutes and contrary to public policy.

The impact of becoming a newspaper of general circulation for a city is significant. Certain legal notices, such as fictitious business name notices, may be published in any adjudicated newspaper in the county. (Bus. & Prof. Code, § 17917.) Others, however, must be published by a newspaper of general circulation for a particular city. For example, probate notices must be published in a newspaper of general circulation in the city in which the decedent resided. (Prob. Code, § 8121, subd. (b).) Foreclosure notices must *839 also be published in a newspaper of general circulation for the city where the real property is located. (Civ. Code, § 2924f, subd. (b)(1).)

CONTENTIONS

The Daily Journal Corporation (Daily Journal) appeals from the denial of its motion to vacate an…