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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) - The San Diego Humane Society will make a group of animals displaced by the Camp Fire available for adoption Friday.Earlier this month, the organization's Emergency Response Team deployed to Butte County for 10 days to offer aid to hundreds of animals displaced or otherwise affected by the fire.The team returned to San Diego Dec. 19 with eight dogs and three cats, some of whom received treatment for burns caused by the fire.The owners of the 11 animals surrendered them to the Humane Society because they could no longer care for them. As a result, they will not have an owner seeking to find them once conditions improve in the areas affected by the fire.The Humane Society will put a group of the displaced animals up for adoption at 10 a.m. at its main campus, located at 5500 Gaines St. Available animals include 11-year old shepherd mix Cinnamon, a bonded pair of 6-year old miniature pinscher mixes named Pikachu and Panchie and a 3-year old cat named Sunshine.Residents can view the Humane Society's adoptable animals at sdhumane.org/pet. Adoptions will be on a first-come, first-served basis. 1129

SAN DIEGO (CNS) - Santa Ana winds and low humidity levels will keep the risk of wildfire high across the San Diego area into Tuesday, as they did for much of last week.To alert the public to the combustion hazards posed by the gusty and arid conditions, the National Weather Service issued a red flag wildfire warning for local mountain and western-valleys communities, effective through 10 p.m. Tuesday. A high-wind warning also will be in effect from 6 this evening through noon Tuesday in those same areas.Outdoor burning, mechanized brush clearing and other potentially spark-creating activities should be avoided over the period, as any fires that develop will spread rapidly, according to the NWS.As of late this afternoon, San Diego Gas & Electric had instituted public-safety power shutoffs in parts of Descanso, Jamul, Potrero, Ramona, Santa Ysabel and Valley Center in a bid to avoid any blazes ignited by transmission equipment. A total of 2,807 addresses were affected, and the utility advised another 47,676 of its customers across the East County that their power might be shut off as a precaution as well.Conditions are expected to warm up Tuesday and Wednesday, after which temperatures will drop slightly on Thursday and Friday, forecasters said. 1275

SAN DIEGO (CNS) - The Kmart store in Spring Valley is among 46 unprofitable outlets slated to start closeout sales this week, according to an announcement from the Sears Holding Corp.Five stores in California are among the 12 Kmart and 33 Sears stores slated to close by November. This includes the Kmart store at 935 Sweetwater Road in Spring Valley.The other California closures are Kmart stores in Los Angeles, Antioch, and Clovis and a Sears in Santa Cruz.Sears Holding Corp. owns both the Sears and Kmart chains. The 125-year-old retailer has closed hundreds of stores in recent years to improve its bottom line."We continue to evaluate our network of stores, which is a critical component to our integrated retail transformation, and will make further adjustments as needed," the company said in a statement.This latest announcement comes just days after Lowe's announced it is closing all of is Orchard Supply Hardware stores five years after purchasing the chain out of bankruptcy from its previous owner, Sears Holdings Corp.The latest Sears and Kmart liquidation sales are expected to begin Thursday, Aug. 30. 1127

SAN DIEGO (CNS) - The City of San Diego's Development Services Department announced Tuesday that it will begin accepting permit-ready building plans for the construction of companion units attached to existing single- and multi-family properties.Homeowners can apply for a permit to build one of the units, also called casitas or granny flats, by contacting the Development Services Department.In recent months, the city has sought to make granny flat construction more efficient by making changes like waiving fees and increasing maximum unit size from 700 square feet to 1,200, among other things.RELATED:San Diego homeowners creating rentals by converting garages into apartmentsCity may weigh 'vacancy tax' targeting empty homesWhat does it take to retire at 40?"We're doing everything we can to make it easier and cheaper to build housing here in San Diego," Mayor Kevin Faulconer said. "Granny flats are exploding in popularity thanks to our housing reforms and now residents can build them for less with pre-approved plans that will ensure the permitting process is quick and efficient."The streamlining of granny flat regulations has caused applications for their construction to increase nearly 2,500% since 2016, when the city received 19 applications. Through October, the city has received more than 480 applications this year.To apply, homeowners must ensure their building plan meets the city's submittal guidelines and make an appointment with DSD by calling 619-446-5300 to allow city officials to review the plan. Information on all city permitting and inspection processes can be found at sandiego.gov/development- services/permits-inspections. 1670