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SAN DIEGO (KGTV) -- A La Jolla store in an upscale mall is facing scrutiny from customers who told Team 10 they were misled after buying hundreds—even thousands—of dollars worth of skin care products.Team 10 spoke to at least two customers who had similar complaints. When they tried to return unopened products, they said they were sold lies.Christianna Ortiz regrets walking into Gold Elements at the UTC mall on La Jolla Village Drive.“I’m honestly very embarrassed I fell for it,” Ortiz said.Last summer, she said Gold Elements employees encouraged her to purchase products, including a skin care regiment.“He wanted me to buy it for 0. I said yeah, that's not going to work. He said I'll tell you what, I'll throw in a facial and I was like, now that sounds interesting, but I don't want to come here alone. I'll throw in two facials,” Ortiz said the employee told her.When she went to her appointment, she said employees would not give her the facials she paid for.“I said, I want to return the stuff then and he said no return.I said I paid for something that was an outright lie,” Ortiz said.Ortiz said they never told her there was a no refund policy.She disputed the charge with her credit card and could not believe what happened next.“They sent me back the copy of my receipt along with another sheet of paper that listed the refund policy. I had never seen that sheet of paper, didn't exist!” Ortiz said.“You’re hustled,” said Sharon Garrow, another Gold Elements customer.Garrow spent nearly ,500 on products in September. She admits spending more than she should. When she tried to return the products the following morning—less than 24 hours later—she said she was not allowed to.She went to the store Saturday, where she said an employee told her there was nobody who could help her. She went again on Monday. “He [said] there’s no return on [these] products,” Garrow said.It was on her receipt, but like Ortiz, she signed on a computer and said the policy was not visible on the screen. She said nobody told her anything in person and there were no signs in the store that customers could see.A Team 10 investigative photojournalist also visited the store. He also did not see any return policies in the store.On the California Attorney General’s website, it says: “Stores that do not accept returns must clearly display their policy.”The California Civil code states that retail sellers shall display their policy “either on signs posted at each cash register and sales counter, at each public entrance, on tags attached to each item sold under that policy, or on the retail seller’s order form, if any.”Goods that cannot be resold due to “health considerations” are an exception. Both women said they never opened the Gold Elements boxes before trying to return the items.When Team 10 visited the store to get answers, there were no managers available to talk to us. An independent esthetician told Team 10 to contact a Gold Elements promoter. That person did not call back.Less than an hour later, a man who claimed he was the owner called Team 10 and said they always give the best help to customers and have not had problems with refunds. The man would not agree to an in-person interview, saying that he was not in town.He told Team 10 all future communication would be with his lawyer, but would not give his lawyer’s name.It was a different story on the Better Business Bureau website, where the store has an F rating. A 2017 class action lawsuit filed in Northern California against Gold Elements products and affiliated companies.Part of the complaint was that “complimentary facials” were not honored when customers tried to use them.““If I got taken, so many other people are probably getting taken. Somebody has to stop it,” Ortiz said.Team 10 discovered the La Jolla store could also be violating different state code.On Gold Elements’ wall is a price list for facials. The Board of Barbering and Cosmetology, under the California State Department of Consumer Affairs, said a business that charges for facials should have an establishment license.The store has no record of that license.The women have a warning for others.“It’s not like I’m a dummy,” Ortiz said. “Do what I usually do. Check reviews ahead of time.”The Attorney General’s office said if any customers have concerns about a return policy, or lack of one, you can file a complaint with their office. 4419

SAN DIEGO (KGTV) — A man who admitted to several "Peeping Tom" instances in the Pacific Beach area was sentenced Wednesday.James Wayne Hubbard, 48, was sentenced to 364 days in jail for the series of incidents between Sept. 11 and Oct. 12.Hubbard pleaded guilty to three counts of peeping and prowling as part of a plea deal. He was originally accused of six instances of peeping and one count of property theft.RELATED: Man arrested in Pacific Beach 'Peeping Tom' cases"Mr. Hubbard’s actions violated the privacy of women who understandably believed they were safe and 592

SAN DIEGO (KGTV) -- A man was arrested after deputies say he intentionally drove onto a sidewalk outside an Encinitas bar, seriously injuring several people. According to the San Diego County Sheriff’s Department, the incident happened on the 500 block of South Coast Highway 101 around 1:20 a.m. Deputies say the man, later identified as Christian Davis, 28, was asked to leave The Saloon Bar because he was too intoxicated. RELATED: Man dies following attack in Vista; suspects at-largeAfter leaving the bar, deputies say Davis got into his rental U-Haul van and intentionally drove it onto the sidewalk, hitting three people. One of the victims was taken to Palomar Medical Center while two others were taken to Scripps La Jolla Hospital all with serious injuries. Davis was detained by witnesses at the bar before being taken into custody by deputies. Two of the witnesses were injured while detaining Davis and were taken to Scripps Encinitas hospital with minor injuries. The suspect is facing four felony charges including three of attempted first-degree murder and one of attempted escape with force. Davis is scheduled to be arraigned Tuesday. Anyone with information is asked to call the San Diego County Sheriff’s Department. 1245

SAN DIEGO (KGTV) -- A San Diego gym owner said he is keeping his doors open despite state restrictions on indoor operations that took effect early Wednesday morning.For Shawn Gilbert, the owner of Boulevard Fitness in University Heights, keeping his business open is a matter of survival."I took a huge financial hit in May. Money out of my pocket that's never coming back. We have bills to pay, we have rent to pay,” Gilbert told ABC 10News.Gilbert said he believes his gym can operate safely with face covering and social distancing guidelines because it is a large, open space with high ceilings. The gym also has an outdoor space that Gilbert plans to also utilize.According to Gilbert, none of his gym members or employees have tested positive for coronavirus.Gilbert told ABC 10News he’s prepared for any possible citations for staying open."We have a lawyer with six other gyms, all representing us gym owners. What [Gov. Gavin] Newsom did this time is unlawful. I find it criminal,” said Gilbert.Boulevard Fitness is closed Wednesday for cleaning, but the facility will reopen Thursday at 6 a.m. 1111

SAN DIEGO (KGTV) - A Linda Vista grandfather is missing a pricey, sentimental piece of jewelry after trying to help out some strangers.Steve Phakdy says his 71-year-old father was attending an event at a Buddhist temple in Chollas View more than a week ago, when a white Chevy Tahoe pulled up. "Flagging him down, saying, 'Hello mister.' The husband says, 'It's my wife's birthday. Can you give her a blessing?'" said Phakdy.Phakdy says his father did something to acknowledge the birthday. A woman in her 30s then got out of the SUV."She hugs my dad," said Phakdy. In the backseat was a baby in a car seat."The husband gets out and says, 'We have some jewelry to give you or show you,'" said Phakdy.Together, the two placed rings on his hands, wrapping necklaces around his neck and arms."The husband was grabbing his wrist. Turning it around doing this and doing that," said Phakdy.His father offered to pay for the jewelry, but the couple quickly drove off. "Was looking at the bracelet they gave him and hey, wait, where's my bracelet?" said Phakdy.Gone was a 24-karat-gold-and-diamond bracelet, an anniversary gift from his wife. The diamonds on the bracelet spell out his last name: Phakdy.     1233