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SAN DIEGO (CNS) - The city of San Diego obtained a preliminary injunction Tuesday against grocery delivery company Instacart, in the wake of a judge's ruling that the company misclassified its employees as independent contractors.San Diego County Superior Court Judge Timothy Taylor's ruling stems from a lawsuit brought by San Diego City Attorney Mara Elliott, who alleged Instacart was evading providing its "shoppers" with worker protections like minimum wage and overtime pay by classifying them as independent contractors rather than employees.In the ruling, which was issued Feb. 18, but not formally served to the parties until this week, Taylor agreed with the City Attorney's Office's assertion that Instacart would not be able to show its workers should be classified as independent contractors.RELATED: San Diego Instacart shoppers upset over service’s pay changesThe judge cited a state Supreme Court ruling in the case of Dynamex Operations West Inc. v Superior Court, which outlines an "ABC" test for determining whether a worker is an employee, a classification that applies if the person performs a core function of the business, is not free from its control, or is not engaged in an independently established trade, occupation or business.Taylor wrote that Instacart would likely be unable to satisfy any of the test's three conditions.The judge also wrote that the city's litigation against Instacart was in line with other recent, related decisions, including the recent passage of AB 5, which gives greater labor protections to workers classified as employees."The policy of California is unapologetically pro-employee (in the several senses of that word). Dynamex is explicitly in line with this policy," Taylor wrote. "While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have no spoken on this issue."The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the legislature. The legislature passed AB 5 last fall. The governor signed it. To put it in the vernacular, the handwriting is on the wall."Instacart plans to appeal the decision, which the company said would not affect its operations in San Diego, due to a temporary stay of enforcement during the appeals process."We disagree with the judge's decision to grant a preliminary injunction against Instacart in San Diego," Instacart said in an emailed statement. "We're in compliance with the law and will continue to defend ourselves in this litigation. We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction and we will be taking steps to keep that stay in place during the appeals process so that Instacart's service will not be disrupted in San Diego."Elliott's office touted the ruling as a victory for worker protections."This landmark ruling makes clear that Instacart employees have been misclassified as independent contractors, resulting in their being denied worker protections in which they are entitled by state law. We invite Instacart to work with us to craft a meaningful and fair solution" Elliott said."This decision is also a warning to other companies to do right by their employees. As the court said, `The handwriting is on the wall.' California has had two years since the Supreme Court's Dynamex decision to distinguish between a contactor and an employee. Everyone, not just Instacart, must live up to their legal responsibilities; they cannot ignore the significance of what occurred here." 3686

SAN DIEGO (CNS) - One of four men who pleaded guilty in connection with last year's shotgun slaying of a Pacific Beach resident was sentenced Friday to eight years in state prison.Freddy Sosa, 38, was sentenced for his role in the Dec. 29, 2018, death of 44-year-old MarcAnthony Mendivil, who was killed in a home in the 2300 block of Wilbur Avenue.Sosa's co-defendants, Carlos Yslas, 25; Pedro Ramirez, 28; and Paul Charles Weinberger, 51, await sentencing. Yslas and Ramirez pleaded guilty to voluntary manslaughter, while Weinberger pleaded to an assault with a deadly weapon count.RELATED: Three men plead guilty to Pacific Beach shotgun slayingYslas, who fired the fatal shots, faces up to 30 years in state prison when he is sentenced Jan. 10.Ramirez, who faces eight years in prison, is also due to be sentenced Jan. 10, while Weinberger is slated to be sentenced to up to four years in prison on Dec. 6.A probation report filed with the court indicates Mendivil was living at Weinberger's home at the time of his death.RELATED: Suspects in fatal Pacific Beach shooting to be arraigned; victim identifiedSosa had previously lived at the home, but was kicked out by Weinberger following a dispute, the report states.Mendivil then moved in, but soon after, Weinberger contacted Sosa asking him for help in removing Mendivil from the home for unspecified reasons, investigators were told. Weinberger told police he was drugged on the night of Mendivil's killing and forced to withdraw cash from his bank to pay Yslas and Ramirez, who were brought in to assist in forcibly removing Mendivil from the home, the document states.However, in the process of forcing Mendivil out, Yslas shot Mendivil twice, possibly because he thought the victim was reaching for a weapon, according to the report.RELATED: Man arrested in deadly stabbing outside of Pacific Beach 7-ElevenOfficers found Mendivil suffering from a gunshot wound when they responded to a 1:47 a.m. call of a possible shooting last Dec. 29, San Diego Police Lt. Matt Dobbs said.Paramedics took him to a hospital, where he was pronounced dead at 2:30 a.m., Dobbs said.Deputy District Attorney Flavio Nominati said during Yslas and Ramirez's arraignment earlier this year that both men entered the home masked and gloved. The men then fled the scene in a vehicle following the shooting, according to Nominati.Weinberger and Sosa were arrested the day of the killing, while Yslas and Ramirez were already in custody on unrelated charges when they were re- arrested and charged in February for their roles in the homicide. 2586

SAN DIEGO (CNS) - Thanks to tips from the public, physicians Thursday were able to identify a Scripps Mercy Hospital patient who was unable to tell them his name.The retirement-age man was brought to the Hillcrest medical center Sept. 20 from the North Park area, according to San Diego police.On Wednesday evening, authorities circulated a photo of the patient in hopes that someone would recognize him.Police did not release the man's name. 450

SAN DIEGO (CNS) - The San Diego City Council will take a look at the Riverwalk San Diego project Tuesday, a proposed transit-oriented neighborhood development along the San Diego River in Mission Valley.International real estate firm Hines has proposed the 200-acre project, which is intended to transform the existing Riverwalk golf course into a neighborhood as well as restore the stretch of the San Diego River that runs through it.According to Hines, if the plan is approved Tuesday, the company plans to break ground during the second half of 2021.The San Diego Planning Commission recommended approval of Riverwalk San Diego project on Oct. 22 with five in favor, one abstention and one commissioner absent.The Hines plan includes 4,300 homes -- 10% of which are planned to be affordable housing -- a Metropolitan Transit System Green Line trolley stop, 152,000-square-feet of retail space, 1 million square feet of office space, 100 acres of parks and new bike and pedestrian paths, including an extension of the San Diego River Trail."I think it could be something to set the standard for what transit- oriented development can look like," said San Diego Planning Commissioner Vicki Granowitz.The Riverwalk plan, established through a partnership between Hines and the Levi-Cushman family landowners, incorporates community input gathered over several years by the Hines team in nearly 100 stakeholder and community planning group meetings."We appreciate that the planning commissioners recognized the extensive community outreach and collaboration that helped form our plan and the care we're taking to create an environmentally responsible, transit- oriented legacy project for San Diego," said Eric Hepfer, managing director at Hines. 1754

SAN DIEGO (CNS) - San Diego County public health officials reported 308 new COVID-19 cases and three additional deaths Sunday, raising the county's cumulative totals to 40,650 cases and 707 fatalities.Two women and one man died between July 29 and Aug. 31. Their ages ranged from the mid-50s to mid-90s. Two of the three had underlying medical conditions.San Diego County's state-calculated case rate is 5.8 and the testing positivity percentage is 3.8%.Of 4,271 tests reported as of Saturday, 7% returned positive, raising the county's 14-day rolling positive testing rate to 4.3%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,946.Of the total positive cases in the county, 3,214 -- or 7.9% -- have required hospitalization since the pandemic began, and 772 -- or 1.9% -- were admitted to an intensive care unit.County health officials reported two new community outbreaks as of Saturday, bringing the number of outbreaks in the past week to 20. One of the outbreaks was at a residence and one at a business.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.Under the new state monitoring metrics, San Diego County is in Tier 2, also referred to as the red tier.The county's next scheduled media briefing is Wednesday. Because of the Labor Day holiday, there will not be an update to the county's COVID-19 website on Monday.San Diego State University issued a stay-at-home order for students living in on-campus residence halls on Saturday, asking them to stay in their current residences except for essential needs throughout the weekend as the school battles an outbreak of the coronavirus.The order remains in effect through 6 a.m. Tuesday.The school reported another 120 confirmed or probable COVID-19 cases among its student population Friday, raising the university's total caseload to 184 since fall semester began Aug. 24."Students should stay in their current residences, except to take care of essential needs, including medical care, accessing meals, shopping for necessities such as food/meals and medical supplies, exercising outdoors (with facial coverings), and traveling for the purposes of work," a statement from SDSU read.Violations of the order may result in disciplinary consequences, the college said.Additionally, San Diego County public health officials confirmed multiple clusters of COVID-19 cases within the university community among students. This includes the previously announced off-campus outbreak on Wednesday. SDSU officials say none of the cases under investigation are related to on-campus educational activities, including classes or labs.Luke Wood, SDSU's vice president for student affairs and campus diversity, said the university was working with a security company to enforce public health code violations and had issued a total of 457 student violations through Friday afternoon. Wood said the most serious of these violations could result in suspension or expulsion from the university. Some organizations have been cited as well. Wood said the majority of these were fraternities or sororities, but followed up that not all were, and outbreaks impact the community at large regardless of the type of group they occurred in.All of the university's in-person classes -- which SDSU President Adela de la Torre said comprised just 7% of all courses -- were moved online Wednesday. SDSU also paused all on-campus athletics training and workouts for two weeks starting Thursday due to COVID-19."Only a small fraction of students have met in person," de la Torre said. SDSU has a student body of more than 35,000. Nearly 8,000 students live on campus.She cautioned that "testing alone and testing once" would not be enough, and a robust system to enforce health orders would continue to be needed to avoid the "plague of parties" already present near campus.SDSU has more than 130 spaces for students to safely quarantine, according to the university, and all students who have moved into campus housing would be able to move out if they so choose.County health officials warned that Labor Day weekend could be a spreading event for COVID-19."Most people won't be working over the long holiday period, but COVID- 19 will not be taking the day off," said Dr. Wilma Wooten, county public health officer. "The more people go out and the more they interact with people outside their household, the more likely they are to contract the virus." 4650

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