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reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120

SAN DIEGO (CNS) - A man accused of fatally beating a fellow transient with a mini sledgehammer as the two argued along a Midway District street was ordered Monday to stand trial on a murder charge.Greg Repp Jennings, 53, is accused in the Jan. 8, 2018, slaying of 37- year-old Michael Anthony Dean, who was struck several times in the head with a four-pound hammer.First responders found Dean lying face-up in the street with his face "caved in," according to preliminary hearing testimony. He was pronounced dead at the scene, near 3805 Midway Drive.According to testimony from SDPD Detective Sgt. Christopher Leahy, one witness told investigators that an argument sparked the killing, which began when Jennings was talking loudly at a bus stop. Dean, who was also sitting at the bus stop, asked Jennings to "tone it down," angering the defendant, who told him "it was his First Amendment right and he wasn't going to shut up," Leahy said.Other witnesses also saw the men arguing and then saw Dean fall into the street, at which point Jennings allegedly struck him with the hammer multiple times.Jennings told investigators that he acted in self-defense, according to testimony. He alleged Dean had tied a pair of workboots together by the laces and was going to use the improvised weapon to attack him.Jennings remained at the scene and was arrested by responding officers.The defendant remains in custody without bail. His next court date is an Oct. 8 readiness conference. 1484

SAN DIEGO (CNS) - A teenage Oceanside resident was arrested Thursday on suspicion of gunning down another young man last week near Vista Transit Center.Homicide detectives arrested 19-year-old Issac Martinez on Tuesday in connection with the death of Jonathan Ruiz, 20, according to sheriff's officials. Martinez was booked into San Diego Central Jail on suspicion of murder and was being held without bail.Deputies responding to reports of gunfire shortly before 2:30 p.m. Nov. 4 found Ruiz gravely wounded on a dirt path off the 200 block of Olive Avenue in Vista, Lt. Michael Blevins said. Medics took the Vista resident to a hospital, where he was pronounced dead shortly after arrival.Witnesses described seeing two teenage boys or young men running away from the transit center following the shooting, Blevins said.Officials have not revealed a possible motive in the case or disclosed what led investigators to identify Martinez as a suspect in the slaying.  983

SAN DIEGO (CNS) - A man was stabbed six times in the back Friday in a carport in an alley in Pacific Beach, leading to the arrest of an 18-year-old.The 30-year-old victim met two male suspects on the trolley in Old Town and about 3:30 p.m. the trio went, for unknown reasons, to the south alley in the 1100 block of Thomas Avenue, according to San Diego police Officer Robert Heims.Related: Ex-Marine pleads guilty to killing Navy veteranThe victim and one of the suspects were in a carport while the other suspect stood in the alley, Heims said."A short time later the suspect runs out of the carport and meets the other suspect and they run away southbound in the alley," Heims said.Related: Teen inspired by jihadist videos kills boy"The victim was stabbed six times in the back."The wounded man was taken to a hospital for treatment of non-life-threatening injuries, Heims said.Police soon after responded to a fight at the intersection of Thomas Avenue and Mission Boulevard and determined that one of those suspected of involvement in the fight was the suspect in the stabbing.The suspect, identified as Anthony Valenzuela, was arrested for allegedly stabbing the 30-year-old man in the carport, Heims said. 1226

SAN DIEGO (CNS) - As opening statements were beginning in the San Diego federal trial of a long-standing patent dispute, technology giants Apple and Qualcomm announced a worldwide legal settlement Tuesday, along with a six-year licensing agreement. 256

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