However, what happens when a newspaper files for adjudication, but it doesn’t meet those requirements? The answer is that the legislature created a system that is largely self-effectuating since there is no government body (other than the courts) that scrutinize such petitions.
Instead, it is up to any individual (or individual on behalf of an entity) to file a a contest to a petition for adjudication. (Gov. Code section 6022.) In filing this contest, a contestant can obtain the facts through formal or informal discovery, then present the evidence and the law at a formal hearing in court. (Gov. Code section 6023.)
Recently, we filed a contest to an adjudication order that had been obtained by misrepresenting the facts to the court. We were able to present the true facts and the other side decided to toss in the towel by ceasing publication.
In another recent case, we deposed the petitioner (the person seeking adjudication) and exposed the weakness of the facts he’d presented to the court. His petition was denied.
In a third case, the petitioner testified that the newspaper had certain subscribers. During the noon recess, we called some of them and learned that they had not paid for their subscriptions (a requirement). We presented this fact to the petitioner’s lawyer, who withdrew the petition after conferring with his client. (Thankfully, the lawyer was ethical and was not going to present false “facts” to the court.)
Every case is different and the facts matter. Assemble the facts, compare them to the law (see Gov. Code sections 6000 and 6008) and then decide if a contest makes sense or not, especially since they are so expensive to mount in court.
Given the importance of an adjudication, it is always wise to consult with an attorney experienced in California newspapers of general circulation, as the law is not as simply as it may appear.
The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Reid & Hellyer, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.