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SAN FRANCISCO — A California appeals court has upheld an order requiring Uber and Lyft to treat their California drivers as employees instead of independent contractors, less than two weeks before voters will be asked to exempt the ride-hailing giants from the state’s gig economy law. The two companies have more than 400,000 drivers in California alone. Treating Uber and Lyft drivers as employees would guarantee benefits such as overtime and sick leave.Uber and Lyft had appealed an August ruling by a San Francisco judge, but the appellate ruling found "no legal error" and allowed the earlier ruling to stand. The legal fight started after state lawmakers passed a law that says companies can classify workers as contractors only if they perform work "outside the usual course" of the company's business. Thursday's decision won’t have any immediate impact because it doesn’t take effect for at least 30 days, well after the Nov. 3 vote on Proposition 22.Uber and Lyft, along with DoorDash, have heavily bankrolled the ballot measure.Proposition 22 on the California ballot this fall asks voters to create a special designation for drivers of app-based companies to be excluded from the new state law. 1216

SAN DiEGO (KGTV) - Police deployed tasers to arrest a man following a road rage outburst that got out of control Wednesday evening.Police identified the man as 33-year-old Jason Berard. He was driving a silver SUV that backed into a white pickup truck near Park Boulevard and Howard Avenue in the University Heights neighborhood.  According to the driver of the pickup, they pulled over into a Chevron. The driver of the pickup truck thought they were going to exchange insurance information, but instead, Berard was confrontational.  According to witnesses, Berard punched the other driver before ripping away the man’s cell phone and throwing it on the ground, smashing it.A gas station employee called the police.  After police responded and made contact, police say Berard assaulted an officer. That’s when another officer came to help and fell to the ground during the struggle.Police say Berard took off on foot and got about a block down Howard Avenue but was taken down after an officer using their taser.Berard could be facing battery charges on an officer as well as resisting arrest. 1122

SAN DIEGO, Calif. (KGTV) - As the country waits to hear what happened to missing Fort Hood soldier Vanessa Guillen, a San Diego group for female veterans is ready to offer support for anyone who needs it.Related: Army confirms identity of suspect in Vanessa Guillen case who died of self-inflicted gunshot woundGuillen was last seen April 22, 2020 and while the Army has said there are no signs of sexual assault, her family says otherwise. Now, posts with the tag #IAmVanessaGuillen are circulating online, as people share their own stories of sexual assault in the military.Billiekai Boughton with the San Diego Women Veterans Network said any conversation like this can bring up hard memories for female veterans. She said while many women have a positive experience in the military, four out of five females report harassment or assault. The goal of her group is to support women through any of this pain. She says this is important in a community like San Diego which has about 26,000 female veterans.“For those of us who have been in the military and have had negative experiences, this can be a memory (sic) of feeling unsafe,” said Boughton.The group’s website says the most common request of women veterans in San Diego is to meet other women veterans. Their primary goal is to create a community for female military veterans, while also encouraging community service and policy change, which encourages and embraces the positive traits female vets have to offer.“Our friends remind us how strong we are. Our friends remind us we’re okay, and we can come together when we’re not,” she said.Boughton said they also are a bridge for any other resources a woman might need and they can connect people with groups for any help they might need in life.The veterans crisis hotline is 800-273-8255. 1808

SAN DIEGO (KGTV)-- The special needs teacher accused of having a sexual relationship with a student, pleaded not guilty to 20 felony counts. He also declared he would represent himself in the case. Against the advice of the judge, 49-year-old Juan Carlos Herrera told the courtroom, he will fight this alone. "I would like to represent myself," Herrera said. Relinquishing rights to counsel, the San Diego High school special needs teacher read the 20 felonies for the first time inside the defendant's box. Those charges include having sex, performing other sex acts, and physically and emotionally abusing one student between February 2018 and this March, when she was 15 and 16 years old."They occurred on an almost daily basis," Deputy District Attorney, Jessica Coto said. "They took place in hotels, in his car, and in his classroom." Coto said his ongoing manipulation extended to making threats."The defendant also routinely threatened the victim, that if she told anybody about what was happening, that she would cut off her arms and legs," Coto said. This all came to light on May 5, 2019, when police arrested Herrera at the US-Mexico border. Days prior, the girl's mother found inappropriate messages from Herrera on her daughter's phone.Because of the nature of the charges, and Herrera's second home in Mexico, the prosecution requested million bail. As his own attorney, Herrera fought back, saying he is a Navy veteran with a 25-year clean record with the district."It's not conceivable for someone with my earnings to make million, nor would I flee," Herrera pleaded. "I have been a person of honor and honesty since the beginning."The judge disagreed and kept the bail at million, handing Herrera his first loss, leaving him in utter disbelief.The judge also put a criminal protection order for the now-17-year-old victim. If convicted, Herrera could face a maximum of 16 years eight months in prison. But the prosecution mentioned, more time could be added if they find more evidence of sexual abuse. 2037

SAN FRANCISCO (AP) — A firefighter who died while helping people evacuate a Northern California blaze was killed by a fire tornado that at one point reached a temperature of 2,700 degrees Fahrenheit (1,480 degrees Celsius), officials said.Redding firefighter Jeremy Stoke died after he was enveloped in seconds by a fire tornado with a diameter of 1,000 feet (300 meters) and winds up to 165 mph (265 kph), the California Department of Forestry and Fire Protection said in a report released Wednesday detailing his death and the death of a bulldozer operator.Videos released with the report show the massive blaze burning in a populated area and sending a cloud of thick smoke up into the air with flames swirling up into the sky.RELATED: Firefighter killed battling Mendocino Complex fire  The tornado ripped roofs off houses and flung power line towers, cars and a shipping container into the air near the spot where Stoke was overtaken by the flames, according to the report.Cal Fire officials said that on July 26, the 37-year-old fire inspector was driving his pickup truck down a Redding road, working on evacuating people. One minute later he radioed out a "mayday" call saying he was getting burned and needed help.Stoke "identified himself by his radio call sign, and stated that he needed a water drop and was getting burned over," the report said.When an engine captain tried to contact him shortly after, there was no response, it said."Observations from witnesses and other evidence suggest that either several fire tornadoes occurred at different locations and times, or one fire tornado formed and then periodically weakened and strengthened causing several separate damage areas," the report said.Stoke, whose remains were found the following day, was one of eight people killed since the blaze started on July 23 with a spark from a vehicle driving on a flat tire.RELATED: A flat tire started the deadly Carr Fire and days of devastation in California  The wildfire has destroyed nearly 1,100 homes. It was 71 percent contained as of Thursday.The report also detailed the death of private bulldozer operator Don Smith, 81, of Pollock Pines, who was killed when his bulldozer was caught in the flames while trying to improve a fire line, defending a home during what the officials say were "extraordinary fire weather conditions."Both deaths and the injuries occurred within an hour and 50 minutes in one 3-mile (5-kilometer) stretch.Smith was trying to improve a previously constructed a fire line near the Buckeye Water Treatment Plant outside Redding after 5 p.m. on July 26 when other firefighters noticed "a rapid increase in fire activity."It jumped the fire line and a Cal Fire crew chief said he made several radio attempts to tell Smith to "get out of there." Two firefighters in the area also "recognized the urgency of the situation" and tried to reach Smith on foot but had to turn back because of the encroaching flames.Smith reported that he was cut off by the fire and was pushing on in his 2002 John Deere open cab bulldozer in an attempt to reach a safe area. He also requested water drops and four helicopters began dropping water through the smoke and flames around Smith's last known location.Once the smoke cleared, a pilot saw that Smith's dozer had been engulfed in flames and there was no sign of the protective metallic tent that firefighters deploy as a desperate measure when they are about to be overrun by fire. After two attempts, a fire captain was able to reach the bulldozer two hours later and confirmed that Smith was dead. 3592