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SAN DIEGO (CNS) - Police are searching for a gunman who wounded a man in a shooting at a trolley station in the East Village neighborhood.It happened around 4:30 p.m. Wednesday on Broadway between 11th Avenue and Park Boulevard, San Diego police Officer John Buttle said.The victim, a man in his 30s, was at the trolley station when a gray sedan pulled up and a man in the passenger seat got out, fired one shot and got back in the car, which fled eastbound on Broadway, Buttle said. A car matching the suspect vehicle's description was later located and impounded for evidence.The victim was taken to a hospital for treatment of a gunshot wound to his left torso, which was not believed to be life-threatening, the officer said.The suspected gunman was described as a 5-foot-7 Black man, about 140 pounds, wearing blue sweatpants. 839

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) - Parole was granted Wednesday for the man who killed a 20-year-old college student and pizza deliveryman in 1995 when he was a 14-year-old gang member.Tony Hicks, now 37, was the first youth in California to be tried as an adult under a law adopted in 1995 that allowed juveniles as young as 14 to be tried as adults for murder. He pleaded guilty to first-degree murder in the death of Tariq Khamisa and was sentenced to 25 years to life in prison. He has served 23 years behind bars.Wednesday's decision, made by the state parole board, now goes to the governor's office for possible approval.Gov. Jerry Brown recently signed Senate Bill 1391, which eliminates the ability to try a defendant under the age of 16 as an adult for any violent crime. Those convicted under the new law will be held in locked juvenile facilities instead of adult prisons."If this law (SB 1391) had been in effect in 1995, Tony (Hicks) would have been prosecuted in Juvenile Court and paroled many years ago,'' said Azim Khamisa, the victim's father. ``The other two individuals involved in the crime were sentenced in Juvenile Court. Tony made a mistake. He has atoned for it in many ways. He has paid his debt to society. It is time for him to be it in many ways. He has paid his debt to society. It is time for him to be released."Tasreen Khamisa also supports the release of her brother's killer. She said that when he was 16, an immature Hicks was incarcerated with some of the most hardened adult offenders in the state at Folsom Prison.According to spokeswoman Tanya Sierra, the San Diego County District Attorney's Office has not written a letter opposing Hicks' parole, nor has it submitted a letter in favor of his release. District Attorney Summer Stephan has the option of taking a position at the hearing, which she is scheduled to attend, along with Deputy District Attorney Richard Sachs, Sierra said.In the wake of his son's murder, Azim Khamisa reached out to Hicks' grandfather in the spirit of forgiveness and founded the Tariq Khamisa Foundation, which ``is dedicated to teaching and inspiring forgiveness, hope and peace in youth and setting them on a path towards opportunity,'' according to the San Diego nonprofit's mission statement.``We plan to bring Tony on to the staff at TKF where he can share his powerful message about the consequences of violence and the benefits of restorative justice with thousands of youth,'' Tasreen Khamisa said. ``The bottom line is that our kids need Tony. He will have a powerful voice in helping stop youth violence.''In preparation for his second chance at freedom, Hicks has earned his GED and college credits toward an associate's degree, according to the foundation. He has also been writing a blog for the TKF website, answering students' questions.The Khamisas traveled to a San Luis Obispo prison to attend the state parole board hearing. 2908

SAN DIEGO (CNS) - The San Diego Humane Society announced Wednesday that it will offer refunds to San Diego residents who overpaid for certain services between July 2018 and last week. Humane Society officials recently determined that some residents paid fees that were higher than the amounts the city of San Diego adopted on July 1, 2018, for local animal services. The organization plans to contact and offer refunds to residents affected by the overcharging that occurred between July 1 last year and Nov. 19 of this year. The organization also offered discounted services to residents via promotions intended to increase animal adoptions and make it easier to adopt a pet. Residents who paid for animal services at discounted prices will not be contacted, according to the Humane Society. 800

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

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