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SANTA ANA, Calif. (CNS) - The Orange County Board of Education announced Wednesday that it has decided -- by a 4-0 vote -- to file a lawsuit against Gov. Gavin Newsom and the California Public Health Officer to seek a court order that sets aside the state orders preventing public schools from holding in-person classes and resuming services on campus.The vote came during a closed session Tuesday night, according to a statement.The California Supreme Court has interpreted the California Constitution to require that California school children have a constitutional right to substantially equal opportunities for learning, and the governor's order will unequally burden the most underprivileged families of California, the bard's lawyers said in a statement.The attorneys, Tyler & Bursch, LLP, of Murrieta in Riverside County, said they agreed to represent the board pro bono "to protect the vulnerable children in California."The lawsuit will also be supported by the nonprofit legal organization, Advocates for Faith & Freedom."California children have a constitutional right to both an education and equal protection under the law. The governor denied them these rights and did so without adequately considering the disparate impact these restrictions would have on the disadvantaged," said attorney Jennifer Bursch of Tyler & Bursch, LLP. "We brought this lawsuit to protect the single mom and her children, children whose parents do not read or write English, and children with special needs."The governor's ban on in-person learning will cause tens of thousands of kids to fall through the cracks and, in many cases, will be harmed for life."The Orange County Board of Education earlier this month approved a non-binding recommendation for reopening schools that would not require physical distancing or wearing masks. One of the county's largest districts, Santa Ana Unified, almost immediately rejected that advice, as did other school officials."The board majority's recommendations are not binding and La Habra City School District will not open our schools under these conditions," said that district's superintendent, Joanne Culverhouse. "The health and safety of our staff and students will guide the decisions we make for reopening our schools." 2281

SAN FRANCISCO (CNN) - James Schwab, a spokesman for the San Francisco Division of Immigration and Customs Enforcement, has resigned, citing what he says are falsehoods being spread by members of the Trump administration including Attorney General Jeff Sessions."I just couldn't bear the burden -- continuing on as a representative of the agency and charged with upholding integrity, knowing that information was false," he told CNN on Monday.Schwab cited Acting Director Tom Homan and Attorney General Jeff Sessions as being the purveyors of misleading and inaccurate information, following Oakland Mayor Libby Schaaf's controversial decision to warn the community of an upcoming ICE raid.ICE released a press release on February 27 about the operations in Northern California in which Homan stated that "864 criminal aliens and public safety threats remain at large in the community, and I have to believe that some of them were able to elude us thanks to the mayor's irresponsible decision."Sessions also repeated a similar estimate in his remarks while visiting Sacramento last week."Those are 800 wanted criminals that are now at large in that community -- 800 wanted criminals that ICE will now have to pursue with more difficulty in more dangerous situations, all because of one mayor's irresponsible action," Sessions had said.Schwab said he took issue with their characterization."Director Homan and the Attorney General said there were 800 people at large and free to roam because of the actions of the Oakland Mayor," he told CNN. "Personally I think her actions were misguided and not responsible. I think she could have had other options. But to blame her for 800 dangerous people out there is just false.""It's a false statement because we never pick up 100% of our targets. And to say they're a type of dangerous criminal is also misleading."Schwab said he brought up his concerns to ICE leadership and was told to "deflect to previous statements. Even though those previous statements did not clarify the wrong information.""I've never been in this situation in 16 almost 17 years in government where someone asked me to deflect when we absolutely knew something was awry -- when the data was not correct" he said.The Oakland mayor said in response to the former spokesman speaking out, "I commend Mr. Schwab for speaking the truth while under intense pressure to lie. Our democracy depends on public servants who act with integrity and hold transparency in the highest regard."Schwab also said he is a registered Democrat, but has been a loyal federal servant, regardless of which party is in power.CNN reached out to ICE in Washington and the Department of Justice for comment. 2717

SANTA ANA (CNS) - A man who drove drunk and veered into oncoming traffic while making a turn, slamming head-on into a minivan and killing a mother of three in Lake Forest, was convicted today of second-degree murder.William Joseph Carroll, 51, of Mission Viejo, had a blood-alcohol level of about 0.23 -- nearly three times the legal limit -- when his Ford F- 250 pickup truck slammed into a Toyota Sienna minivan driven by 36-year-old Ana Martinez about 11:40 p.m. May 7, 2013, Deputy District Attorney Daniel Feldman told jurors during the trial.Martinez, who was driving to work at the time, was "crushed to death" in the crash, Feldman said.The prosecutor said Carroll was making a left turn from El Toro Road to Santa Margarita Parkway in Lake Forest when he veered into oncoming traffic.A witness told investigators that Carroll ran a red light, he said. Witnesses "describe Mr. Carroll's truck like a train out of nowhere," Feldman said, adding that the force of the collision was like "100 mph" when combining the speeds of both vehicles.Carroll's attorney, Sara Ross, told jurors it was " a case of government overreach." Ross acknowledged that Carroll was "responsible for the killing of Ana Martinez, but he's not guilty of murder."Both drivers attempted to avoid each other, she said, adding that the intersection is "a bit confusing." "It's a very confusing road and you're going to need that context to determine whether this was a murder," Ross told jurors.Feldman said Carroll was charged with second-degree murder rather than vehicular manslaughter because when he was convicted of DUI on Sept. 11, 2008, he was warned he would be charged with murder in the event of involvement in a DUI-related death.Carroll faces 15 years to life in prison when he is sentenced Jan. 19. 1797

SANTEE, Calif. (KGTV) - A heartbroken dog owner in Santee is hoping to warn others after coyotes attacked her dog while she was walking him on a leash.Presley, an eight-year-old Silky Terrier, was small with a big personality. "Just a loving dog and wild personality. He would always protect me," said Michelle Cimmarrusti.The instinct was on display around 5 a.m. Tuesday. On Palm Glen Drive, on the edge of her condo complex, Cimmarrusti was taking Presley out for a quick walk. Her retractable leash was stretched out about five feet. "On the sidewalk near a bush, I felt Presley tug. Thought he wanted to sniff a bush. That's when the two dogs came out," said Cimmarrusti.Cimmarrusti quickly realized they weren't dogs, but aggressive coyotes."Just horrifying. My brain just went numb at the time," said Cimmarrusti.The protective Presley barked and lunged. As she pulled frantically on Presley, the clasp on her collar broke, and Presley took off. Cimmarrusti says it was a blur, but Presley and the coyotes ended up in the street before disappearing into the complex."I kept screaming at the top of my lungs for his name," said Cimmarrusti.About ten minutes later, a neighbor found a bloodied Presley, who died in Cimmarrusti's arms on the way to the pet emergency clinic."I just couldn't get to him quick enough," she said, choking back tears.She has since learned another dog was killed by a coyote in the same area weeks ago. Experts say coyotes attacking a leashed dog is a sign they're getting more aggressive in an area and getting less afraid of humans, whether it's food scarcity or the unintentional feeding of coyotes."Please be cautious. If I can help one person and their dog, I'll be grateful. Keep them on a tighter leash. Don't let them far and keep aware of your surroundings," said Cimmarrusti. 1825

SAN MARCOS, Calif. (KGTV) - After a heart attack nearly killed him at age 46, Adam Bavario is now thanking his doctors, and his dog.For 27 years Bavario was a medic and police officer in Los Angeles. He says while he loved the job it caused a lot of added stress on him physically and mentally. During his 30's Bavario started having health issues and chest pains, but every time doctors ran tests they couldn't find anything wrong.The misdiagnosis almost killed him five months ago. "I knew I was having a heart attack. I went to grab my phone and passed out on the floor," said Bavario.He was suffering one of the deadliest heart attacks, known as the widow maker. "One of his major arteries was 100 percent blocked, and if that doesn’t get opened in time or quickly, there's a potential for something catastrophic," said Dr. Karim El-Sherief, an Interventional Cardiologist at Tri-City Medical Center.While unconscious, Bavario's sleeping dog Roxy awoke and sensed he was in trouble, licking and nudging him until he woke up. “The ironic thing about Roxy is Roxy is completely deaf from birth, she had enough awareness to come in and get me up," said Bavario.He was able to call 911 and then first responders from the San Marcos Fire Department got Bavario to Tri-City Medical Center in minutes. Dr. El-Sherief and his team were able to treat Bavario in record time for the hospital, 27 minutes. Now Bavario is using his free time to advocate for cardiac awareness. "What I can tell you is get checked out, do your routines," Bavario says.Dr. El-Sherief says with proper screenings along with diet and exercise, these heart attacks can be prevented. One screening they perform can predict a person's risk in the next 10 years. Learn more about heart screenings available at Tri-City Medical Center. 1810

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