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ENCINITAS, Calif. (KGTV) -- A surfer died after being rescued from Swami's Beach Monday morning, Encinitas city officials confirm. Lifeguards and the San Diego County Sheriff’s Department responded to a reported ocean rescue in the surf line at Swami's Beach just after 11 a.m. Monday. After arriving, crews found a man submerged with his surfboard attached and floating on the surface of the water while bystanders tried to rescue the surfer. The man was taken to shore where crews performed CPR. He was then taken to the hospital in critical condition where he later died. At this time, the circumstances surrounding the death are unclear. 650

ESCONDIDO, Calif. (KGTV) - A retired Escondido homeowner is figuring out how she'll pay for Thanksgiving dinner after everything she bought for the holiday was spoiled during a power outage.On a fixed income, Carol Marbrey purchased the meal at the beginning of the month.“I was never warned that my electric would be turned off, and then I was told it would be on by 7:30 AM, then I was told it would be on by noon, and this is all online, and then I was told it would five at night.”Marbrey came home that night to a dark house; power wasn't restored until the next day.The outage happened earlier this week during the extreme wind conditions and Red Flag Warning countywide.San Diego Gas & Electric says some customers weren't warned because it was a fluid situation, with weather conditions changing by the hour.  A spokesperson tells 10News after power is shut off, technicians must inspect hundreds of miles of lines before turning them back on.Marbrey says she called the company several times to understand the situation.“I was getting different answers as to why our electric was not going on," said Marbrey.An SDG&E spokesperson tells 10News they encountered an issue trying to re-energize Marbrey's circuit, by then it was getting dark, and they had to wait until the following day.Marbrey says she understands the necessity to keep the community safe but wishes she’d been better informed.She knows her situation could be a lot worse.“Our hearts really go out to those people that really suffered; we really respect the fire department, the electrical people that are on the ground, the maintenance people, everyone that's doing their best to keep us safe.”Marbrey estimates they lost 0 to 0 in spoiled food. Her efforts to get reimbursed by SDG&E have been unsuccessful so far.SDG&E says they generally don't reimburse spoiled food during an extreme weather situation, but that customers can still try and make a claim. 1967

ENCINITAS, CA (KGTV) -- As 9/11 approaches, we reflect on those who lost their lives, as well as, military members who have fought and continuing to fight for our freedoms. And in Encinitas they are doing just that, as one local business is paying tribute with the name on their products. The name of the company is Bubs Naturals, and they are all about a healthy living."Bubs Naturals is the highest grade collagen protein and MCT oil powder that you can get on the market. It's a fantastic way to supplement your life and create a healthier you," says co-owner Sean Lake.So how did the name Bubs come about? For Sean it all goes back to a childhood friendship."Bubs is a tribute to Glen "Bub" Doherty. He was a former Navy SEAL, an Encinitas resident, my roommate, and lifelong friends since we were kids."A friendship that ended way too soon."Glen was one of the Navy SEAL'S who was killed in the terrorist attacks on 9/11 in Benghazi, Libya. So the brand is a tribute to Glen and his way of life, which was a guy who stood for self improvement."In their younger years, Sean says he and Glen might be considered ski bums."Two guys turning 25, who were trying to figure out what we were going to do with our lives."Sean ended up going to college in Utah, while Glen decided to become a Navy SEAL."We joked about that old Charlie Sheen movie Navy SEAL's, and I was like, that's what you want to do?"While Sean and his partner T.J. are the Co-Founders of Bubs Naturals, Glen plays a major part in the company. "We joked that Glen is the third partner at Bubs. He's apart of this operation as his spirit is in everything that we do."And in Glen's memory, Bubs donates 10% of their sales to the Glen Doherty Memorial Foundation which provides scholarships for military veterans and their families. 1804

Federal judge Timothy J. Kelly sided with CNN on Friday, ordering the White House to reinstate chief White House correspondent Jim Acosta's press pass.The ruling was an initial victory for CNN in its lawsuit against President Trump and several top aides.The lawsuit alleges that CNN and Acosta's First and Fifth Amendment rights are being violated by the suspension of Acosta's press pass.Kelly did not rule on the underlying case on Friday. But he granted CNN's request for a temporary restraining order.This result means that Acosta will have his access to the White House restored for at least a short period of time. The judge said while explaining his decision that he believes that CNN and Acosta are likely to prevail in the case overall.Kelly made his ruling on the basis of CNN and Acosta's Fifth Amendment claims, saying the White House did not provide Acosta with the due process required to legally revoke his press pass.He left open the possibility, however, that the White House could seek to revoke it again if it provided that due process, emphasizing the "very limited" nature of his ruling and saying he was not making a judgment on the First Amendment claims that CNN and Acosta have made.Kelly was appointed to the bench by Trump last year, and confirmed with bipartisan support in the Senate.CNN has also asked for "permanent relief," meaning a declaration from the judge that Trump's revocation of Acosta's press pass was unconstitutional. This legal conclusion could protect other reporters from retaliation by the administration."The revocation of Acosta's credentials is only the beginning," CNN's lawsuit alleged, pointing out that Trump has threatened to strip others' press passes too.That is one of the reasons why most of the country's major news organizations have backed CNN's lawsuit, turning this into an important test of press freedom.But the judge will rule on all of that later. Further hearings are likely to take place in the next few weeks, according to CNN's lawyers.The White House took the unprecedented step of suspending Acosta's access after he had a combative exchange with Trump at last week's post-midterms press conference. CNN privately sought a resolution for several days before filing suit on Tuesday.The defendants include Trump, press secretary Sarah Sanders, and chief of staff John Kelly.Kelly heard oral arguments from both sides on Wednesday afternoon.Kelly, a Trump appointee who has been on the federal bench just more than a year now, was very inquisitive at Wednesday's hearing, asking tough questions of both sides, drilling particularly deep into some of CNN's arguments.Then he said he would issue a ruling Thursday afternoon. He later postponed it until Friday morning, leaving both sides wondering about the reason for the delay.In public, the White House continued to argue that Acosta deserves to be blacklisted because he was too aggressive at the press conference.Speaking with Robert Costa at a Washington Post Live event on Thursday, White House communications official Mercedes Schlapp said press conferences have a "certain decorum," and suggested that Acosta violated that. "In that particular incident, we weren't going to tolerate the bad behavior of this one reporter," she said. Schlapp repeated the "bad behavior" claim several times.When Costa asked if the White House is considering yanking other press passes. Schlapp said "I'm not going to get into any internal deliberations that are happening."In court on Wednesday, Justice Department lawyer James Burnham argued that the Trump White House has the legal right to kick out any reporter at any time for any reason -- a position that is a dramatic break from decades of tradition.While responding to a hypothetical from Kelly, Burnham said that it would be perfectly legal for the White House to revoke a journalist's press pass if it didn't agree with their reporting. "As a matter of law... yes," he said.The White House Correspondents' Association -- which represents reporters from scores of different outlets -- said the government's stance is "wrong" and "dangerous.""Simply stated," the association's lawyers wrote in a brief on Thursday, "if the President were to have the absolute discretion to strip a correspondent of a hard pass, the chilling effect would be severe and the First Amendment protections afforded journalists to gather and report news on the activities on the President would be largely eviscerated."The-CNN-Wire 4484

ENCINITAS, Calif. (KGTV) - A woman died from her injuries after being hit by a driver at an Encinitas intersection Friday.The 61-year-old victim was walking in a crosswalk at Encinitas Boulevard and Balour Drive just after 6 p.m., San Diego Sheriff's Department (SDSO) said.SDSO said a vehicle approached the intersection while the woman was crossing and stopped to allow her to pass. A second vehicle then approached the intersection and drove around the first vehicle to continue through the intersection, knocking the woman down.She was transported to Scripps Memorial Hospital - La Jolla with life-threatening injuries. She later died from those injuries. The woman's name has not been released.The driver charged with hitting the woman remained at the scene. SDSO said alcohol does not appear to be a factor. 831