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SAN DIEGO (CNS) - The California Highway Patrol is reporting no fatalities and 26 drunk driving arrests in San Diego County for the Labor Day weekend period of 6 p.m. Friday to 6 a.m. Sunday.Last year for the same period, there were 40 DUI arrests and no fatalities in the county, according to the CHP.Across California, the CHP reported 551 DUI arrests and 18 fatalities for the same period. Last year, they reported 717 DUI arrests and 11 fatalities.The DUI arrests are only those made by CHP officers, while fatality statistics are for all law enforcement agencies.Statewide, 13 vehicle occupants were killed in CHP jurisdiction, six without safety belts. There were four motorcyclists killed in CHP jurisdiction, one without a helmet.The CHP investigates all crashes on freeways, and on all roads in unincorporated areas. 833

SAN DIEGO (CNS) - Police Friday identified a 44-year-old man who was found fatally wounded inside a vehicle in the Encanto area of San Diego.The man was identified as Gilbert Lee Johnson, of San Diego, the San Diego Police Department reported.Officers found Johnson about 7:40 p.m. Wednesday in the area of Varney and Theodore drives, said Officer Robert Heims of the San Diego Police Department.After police received multiple calls of gunshots heard in the area, officers reported finding him slumped over in the vehicle suffering from at least one apparent gunshot wound. Paramedics rushed him to an area hospital, where he was pronounced dead, said San Diego police Lt. Matt Dobbs."It appears the victim was in the area talking to an acquaintance when another vehicle pulled up near the victim. The suspect got out of his vehicle and fired several rounds at the victim," Dobbs said. "The suspect then got back into this vehicle and drove away.'The suspect was wearing dark clothing and seen driving westbound on Varney in a white four-door vehicle, he said.The San Diego Police Department's Homicide Unit urged anyone with any information regarding the shooting to call them at 619-531-2293 or Crime Stoppers at 888-580-8477. 1236

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 Center for Biological Diversity and Endangered Habitats League filed a joint petition Monday to protect Quino checkerspot butterflies -- now found only in southern San Diego County and southwestern Riverside County in the United States -- under the California Endangered Species Act.The petition, filed with the California Fish and Game Commission, notes that the Quino checkerspot was once one of the most common butterflies in Southern California. But with the rapid spread of urban sprawl, the butterfly has lost more than 75% of its historic habitat and in 1997 was listed as endangered under the federal Endangered Species Act."It's alarming that a butterfly that once filled the skies of Southern California is now only found in pockets of its former range," said Dr. Tara Cornelisse, an insect scientist at the Center for Biological Diversity. "Even more alarming is that some of those few critical patches of remaining habitat are slated to be developed. With insects declining at a frightening rate, we need to protect more habitat for endangered butterflies, not allow it to be carved up piece by piece."The Center for Biological Diversity is an Arizona-based nonprofit organization known for its work protecting endangered species through legal action and scientific petitions. The Endangered Habitats League is a similar organization focused specifically on Southern California.Despite federal protection, the Quino checkerspot butterfly remains at risk due to continued habitat destruction and fragmentation, climate change, nitrogen pollution, invasive species and lack of enforced protections, a statement from the center said.In the past decade, the butterfly has only been observed in 33 of 62 historic sites and only inhabits patches of southern San Diego and southwest Riverside counties, according to the center.It is a subspecies of the Edith's checkerspot butterfly and is distinguished by its checkerboard pattern of white and orange spots on its black wings.According to the activists, several major development projects totaling more than 6,500 acres and President Donald Trump's planned border wall could negatively impact the butterfly's remaining habitat."By first decreasing the butterfly's designated critical habitat and then allowing large-scale development projects within its few remaining strongholds, the Trump administration has failed to protect this endangered butterfly," said Dan Silver, petition coauthor and executive director of Endangered Habitats League. "To have a chance at surviving rampant development and other threats like climate change and invasive species, the Quino checkerspot butterfly urgently needs California state protection."Under the California Endangered Species Act, the California Department of Fish and Wildlife has three months to make an initial recommendation to the Fish and Game Commission, which will then vote on the petition at a public hearing. If the Quino checkerspot butterfly wins protection under the act, the state can enact its own protections. 3058

SAN DIEGO (CNS) - Temperatures will soar into the triple digits in parts of the San Diego area Friday at the outset of an extreme late-summer heat wave expected to roast the region through the Labor Day weekend.The predicted hot spell and accompanying low humidity and gusty winds out of the east prompted the National Weather Service to issue a "red flag" wildfire warning for the local inland valleys and mountains, effective from 10 a.m. Saturday to 6 p.m. Sunday. The alert signifies a likelihood of critical combustion hazards that can lead to "extreme fire behavior."Air moisture levels will drop to the 15-20% range on Saturday and Sunday with poor overnight recovery, according to meteorologists. Winds out of the east are expected to reach sustained speeds between 15-25 mph, with gusts potentially reaching 30-40 mph in the southern reaches of the county.LATEST ABC 10NEWS PINPOINT WEATHER FORECASTExcessive heat warnings, meanwhile, will be in effect in the western valleys, the mountains and the deserts from Friday morning through 8 p.m. Monday; and in coastal areas from 10 a.m. Saturday through 8 p.m. Monday.High temperatures Friday afternoon are forecast to reach the low 80s near the coast and the mid-90s in the western valleys, and as high as 104 near the foothills, 102 in the mountains and 117 in the deserts.The mercury in the deserts is expected to reach 119 on Sunday and 122 on Monday, forecasters said. Highs in the western valleys could soar to 116 on Saturday and 114 on Sunday, while high temperatures near the foothills will remain in the triple digits through Monday.COOL ZONES OPEN AROUND SAN DIEGO COUNTYTo beat the heat, people should drink plenty of fluids, stay out of the sun during the hottest parts of the day and check on potentially at-risk relatives and neighbors, the NWS advised. Also, children, seniors and pets should be never be left unattended in a vehicle, with car interiors able to "reach lethal temperatures in a matter of minutes," according to the federal agency. 2026