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SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - San Diego-based Agena Bioscience announced today that its diagnostic system for detection of SARS-CoV-2, the virus that causes COVID-19, received Emergency Use Authorization from the U.S. Food and Drug Administration.The company was granted approval Monday on an emergency basis for its MassARRAY SARS-CoV-2 panel for use in clinical laboratories.The FDA's Emergency Use Authorization allows for the use of unapproved medical products during an emergency to diagnose, treat or prevent serious or life-threatening diseases or conditions. Emergency Use Authorization has been granted to a large number of companies since the COVID-19 pandemic began for rapid approval of diagnostic tests, personal protective equipment, ventilators and other devices.``Agena is proud to offer a truly scalable platform to support the increasing demand for high-throughput SARS-CoV-2 testing,'' said Agenda CEO Peter Dansky. ``To address the crisis presented by COVID-19, labs need to cost- effectively process large numbers of samples. The MassARRAY System is the perfect tool for that.''The company says its panel targets five regions of the viral genome, and that with its authorization, the company hopes to help laboratories increase testing without the concerns of instrument or reagent availability.``The unique characteristics of the Agena detection technology provide significant supply chain advantages,'' said Jason Halsey, Agena's senior vice president of technology and operations. ``Agena proactively sourced and secured materials to provide uninterrupted product availability to our customers. Agena's MassARRAY SARS-CoV-2 panel kits and instruments are ready for immediate deployment, and we are equipped to supply mill 1741

SAN DIEGO (CNS) - San Diego County arson investigators were called to the scene of a commercial structure fire today in Spring Valley, authorities said.The fire began at 8:02 a.m. at a structure in the 300 block of Elkelton Place, the San Diego County Sheriff's Department reported.The fire was put out by San Miguel Fire District firefighters shortly afterward. The fire was isolated to the commercial structure, sheriff's officials said.No injuries were reported. Roads were closed at Paradise Valley Road and Elkelton Place, as well as Paradise Valley Road and Worthington Street, officials said. 607

SAN DIEGO (CNS) - The San Diego County Health and Human Services Agency announced Tuesday that it will make its inclement weather shelter program available to homeless residents in the county's unincorporated areas. The agency's Housing and Community Development Services division activates the shelter when rain is expected for at least two days, reaches two inches in a 24-hour period or when a storm includes a threat of flash flooding. County officials monitor seven unincorporated zones to determine when to activate the shelter program. Homeless residents can contact 211 San Diego between noon and 7 p.m. to be connected to a shelter provider. In some cases, residents are eligible to receive assistance with transportation to an inclement weather shelter. Check 10News Pinpoint Weather storm conditions``By calling 211 people will be directed to the correct program and place,'' Housing and Community Development Services Director David Estrella said. ``We instituted the program because we know that when people are exposed to inclement weather, they are more likely to experience health issues that could be life-threatening.'' 1145

SAN DIEGO (CNS) - The San Diego County Board of Supervisors voted 3-2 Wednesday in favor of a land annexation agreement for a housing development to be built in an unincorporated area near the city of San Marcos.Representatives San Marcos Highlands told the board that they have worked with numerous federal and state agencies, including the California Department of Fish & Wildlife, and received approval from them.Supervisors Greg Cox, Jim Desmond and Kristin Gaspar voted in favor of the agreement, while Nathan Fletcher and Board Chairwoman Dianne Jacob were opposed.The San Marcos Highlands project calls for 187 single-family homes, one public park, two private parks and 210 acres of open space on the northern end of Las Posas Road stretching north to Buena Creek Road. According to the county, 152.2 acres are in the unincorporated areas of the North County Metropolitan Subregional Plan.According to the county, the annexation agreement "would not cause changes in the San Marcos Highlands project or in the circumstances under which the project is undertaken that involve significant new environmental impacts."One Vista resident asked the board to vote no on the agreement, arguing the development is not a good fit for the area.Desmond said the board was "not here to debate the merits of the project," as it already has formal approval and went through several modifications. He added that San Marcos Highlands will feature an emergency fire evacuation road.Cox said the development has a long-term management plan, open space agreement and easement."I don't see that we need to put any additional roadblocks in front of their project," he said.Jacob said that while she appreciates all the work the developer did on San Marcos Highlands, she couldn't support it."I have a long history (of) opposing projects that take property in the unincorporated area and increase density," she said.Jacob added that the board had previously down-zoned the property where San Marcos Highlands will be built, telling her colleagues that approving the annexation agreement is ignoring that past decision. 2115