BANG continues to bully Tri-City Voice

1 May

Below is an impassioned letter from Sharon Marshak explaining the continued harassment of Tri City Voice by the lawyers at BANG. Feel free to join them if you wish:

Imagine a town with ONE Restaurant, ONE Dry Cleaner,
ONE Real Estate Agent.
We are trying to receive approval (adjudication) from the Superior Court of Alameda County to carry legal notices specific to the City of Fremont; this represents a significant amount of income.The Bay Area News Group currently has a monopoly and is fighting hard in court to block any competition.

Bay Area News Group (BANG) insists that a ruling by Judge George C. Hernandez in their favor about a year ago, denying our application should stand indefinitely and bar future requests. TCV’s application is to achieve a status, not remove or change that of any other newspaper.

Judge Hernandez did not believe that TCV printed in Fremont or presented a bona fide subscription list. We disagreed and filed for a new Judge to hear our case. Judge Brenda Harbin-Forte, at the urging of BANG’s attorney, would not hear the case until significant changes and time had elapsed from the previous ruling. This has now occured and TCV asked her to hear it again. She agreed.

In an attempt to delay and continue a financially lucrative position, BANG filed to stop Judge Harbin-Forte from hearing the case knowing her involvement would expedite our application. The case has now been assigned to Judge Robert McGuiness who must spend time studying and reviewing the same arguments – a waste of time and court effort designed by BANG to delay and confuse the issue. Through a series of court appearances dealing with setting a calendar for this motion, a hearing has finally been set for Thursday, May 24, 3pm, in which Judge McGuiness will decide if he will allow TCV to proceed to a hearing of the merits of TCV adjudication.

We need the community to attend this court hearing to observe and show support for Tri-City Voice.

Thursday, May 24
3 p.m.
Alameda County Superior Court, Dept 22
Judge Robert McGuiness
1225 Fallon Street
Oakland, California 94612


3 Responses to “BANG continues to bully Tri-City Voice”

  1. Jane Macully June 17, 2012 at 9:06 pm #

    “Judge Hernandez did not believe that TCV printed in Fremont or presented a bona fide subscription list.”

    B.S. TCV prints in Union City from Fricke-Parks Press. TCV does not have a legitimate subscription list which is required under California government code section 6000-6008. (see judge’s comments)

    6008. Notwithstanding any provision of law to the contrary, a
    newspaper is a “newspaper of general circulation” if it meets the
    following criteria:
    (a) It is a newspaper published for the dissemination of local or
    telegraphic news and intelligence of a general character, which has a
    bona fide subscription list of paying subscribers and has been
    established and published at regular intervals of not less than
    weekly in the city, district, or judicial district for which it is
    seeking adjudication for at least three years preceding the date of
    (b) It has a substantial distribution to paid subscribers in the
    city, district, or judicial district in which it is seeking
    (c) It has maintained a minimum coverage of local or telegraphic
    news and intelligence of a general character of not less than 25
    percent of its total inches during each year of the three-year
    (d) It has only one principal office of publication and that
    office is in the city, district, or judicial district for which it is
    seeking adjudication.
    For the purposes of Section 6020, a newspaper meeting the criteria
    of this section which desires to have its standing as a newspaper of
    general circulation ascertained and established, may, by its
    publisher, manager, editor, or attorney, file a verified petition in
    the superior court of the county in which it is established and

  2. bbox231 August 3, 2012 at 7:48 pm #

    Hauling your competition into court is the expensive way . . . . . . seems like in San Jose it’s easier (and loads cheaper ) just to remove their racks from the streets.

  3. Bill August 11, 2012 at 3:33 pm #

    The Tri City Voice, TVC is exactly that, if you want to read about Fremont, Union City, Newark, This is your best choice.
    If you want to read about Oakland, San Leandro, then read the Argus. I went by a row of Newspaper racks, The S.J. Mercury, Oakland Tribune, Conta Costa Times, Etc. They all were exactely the same, same headlines, same stories, maybe the local section is better. We in Fremont read constantly about Oakland. I have lived in Fremont for 55 years and have only gone to Oakland seven time, Five was to Jack London Square and twice to the Oakland Hyatt.
    The Argus is failng to report local news. I am not sure what can be done about this legally.
    Yet the only good local news is from the TVC and the CBng News Group is trying to bully them out of business.
    What can we do about this, everyone cancel there subscriptions, email there advertisers. ???????

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