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SAN DIEGO (CNS) - An ex-con accused of sexually assaulting a 24-year-old woman in broad daylight on a Mission Beach street pleaded not guilty Thursday to a charge of assault with intent to commit a sex crime. Philemon Shark, 40, who has two prior convictions from Washington state for residential burglary from 2014 and 2015, faces life in prison if convicted, said San Diego County Deputy District Attorney Trisha Amador. Judge Joseph Brannigan set Shark's bail at million and ordered the defendant to have no contact with the alleged victim. Amador said all sexual assaults -- no matter what level -- are ``serious'' and taken ``exceptionally serious'' by the District Attorney's Office. ``I think part of the concern is that when an individual is attacked in broad daylight in an area where they felt safe or did not feel a threat, of course that's added concern, but our office takes all sexual assaults equally as serious,'' the prosecutor said outside court. The attack happened about 8:40 a.m. last Sunday on Bayside Lane near San Jose Lane, just off Mission Boulevard, according to San Diego Police Lt. Jason Weeden. Weeden said the victim was walking south when Shark allegedly approached her from behind, threw her to the ground and held her down while he assaulted her. The woman screamed for help, and several residents forced the man off her, the lieutenant said. When Shark tried to leave, some of the residents followed him but lost track of him, Weeden said. Then, about 45 minutes after the attack, one of the neighbors found Shark hiding in a breezeway. Shark allegedly fled but was apprehended by patrol officers and booked into jail. Weeden said Shark is from the Seattle area and was believed to have been living in San Diego for the last few months. He will be back in court Jan. 8 for a readiness conference and Jan. 10 for a preliminary hearing. 1880

SAN DIEGO (CNS) - In a ruling stemming from a lawsuit brought the city attorneys of San Diego and two other cities and the state, a federal judge today granted a preliminary injunction against ride-hailing companies Uber and Lyft, requiring them to classify their drivers as employees rather than independent contractors in accordance with a new state law.San Francisco-based Judge Ethan P. Schulman ruled in favor of California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco in their lawsuit alleging Uber and Lyft have misclassified their drivers, preventing them from receiving ``the compensation and benefits they have earned through the dignity of their labor.''The suit alleges the companies are violating Assembly Bill 5, which went into effect Jan. 1 and seeks to ensure ``gig workers'' misclassified as independent contractors are afforded certain labor protections, such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.Both companies issued statements indicating they would appeal the ruling, which is scheduled to go into effect in 10 days.Schulman wrote in his ruling that ``both the Legislature and our Supreme Court have found that the misclassification of workers as `independent contractors' deprives them of the panoply of basic rights and protections to which employees are entitled under California law, including minimum wage, workers' compensation, unemployment insurance, paid sick leave and paid family leave.''The judge said that under the ``ABC test'' used to determine whether a worker is an employee or an independent contractor, the companies would not be able to argue their drivers are independent contractors as they perform work that is within the company's usual course of business.Schulman recognized that the injunction could have major impacts for the companies, as well as some drivers who prefer to remain independent, and wrote that ``if the injunction the People seek will have far-reaching effects, they have only been exacerbated by Defendants' prolonged and brazen refusal to comply with California law.''The campaign for Proposition 22, a proposed ballot initiative sponsored by Uber and Lyft that would allow rideshare drivers to work as independent contractors, decried the ruling.``We need to pass Prop 22 more than ever,'' said Jan Krueger, a retiree who drives with Lyft in Sacramento. ``Sacramento politicians and special interests keep pushing these disastrous laws and lawsuits that would take away the ability of app-based drivers to choose when and how they work, even though by a 4:1 margin drivers want and need to work independently.We'll take our case to the voters to protect the ability of app-based drivers to work as independent contractors, while providing historic new benefits like an earnings guarantee, health benefits and more.''San Diego City Attorney Mara W. Elliott called the ruling ``a milestone in protecting workers and their families from exploitation by Uber and Lyft, I'm proud to be in this fight to hold greedy billion-dollar corporations accountable, especially when a pandemic makes their withholding of health care and unemployment benefits all the more burdensome on taxpayers.''AB 5's author, Assemblywoman Lorena Gonzalez, D-San Diego, said, ``Uber and Lyft have been fighting tooth and nail for years to cheat their drivers out of the basic workplace protections and benefits they have been legally entitled to. They have enriched their executives and their bottom line, while leaving taxpayers on the hook to subsidize the wages and benefits of their drivers.``Today, the court sided with the People of California. I'm thankful to our Attorney General and city attorneys for demanding justice for the hundreds of thousands of rideshare drivers in California.'' 3862

SAN DIEGO (CNS) -- A man accused of intentionally driving a pickup truck off Sunset Cliffs and into the ocean with his twin toddler daughters inside is slated to be arraigned Monday.Robert Brians, 47, is charged with 13 counts, including attempted murder, kidnapping, child abuse, child abduction, criminal threats and burglary for allegedly driving into the water on the morning of June 13 with his 2-year- old daughters inside the truck. The girls were hospitalized in stable condition, according to a GoFundMe page created to raise money for their medical bills.Brians, 47, is being held without bail pending his Monday afternoon arraignment via video conference at the San Diego Central Courthouse.About 4:30 a.m. June 13, the toddlers' mother called 911 to report that Brians had taken their children without permission and allegedly contacted her via "numerous calls and texts ... clearly stating she may not see (them) again," according to the GoFundMe.com page created Sunday.RELATED COVERAGE:Fundraiser to help toddlers involved in Sunset Cliffs crashOfficer rescues toddlers after father drives off Sunset CliffsPolice: Man drives off Sunset Cliffs with twin daughters in truckHe allegedly threatened to drive the vehicle off the Coronado Bay Bridge, but was later spotted by officers on Hill Street near Cornish Drive and sped off, careening over the side of a cliff and landing upside down in the water, according to police.Moments later, a canine officer also responding to the emergency, 22- year SDPD veteran Jonathan Wiese, arrived in the area. Reaching the scene of the crash and seeing Brians' pickup upside down in the water, Wiese grabbed a long leash he uses for his service dog, wrapped it around his chest, gave the other end to fellow officers and rappelled down the precipice.Wiese then swam out to the foundering truck and rescued the children and Brians. Medics took all three to hospitals for treatment of injuries that were not considered life-threatening. 1993

SAN DIEGO (CNS) - Countywide sales of previously owned single-family homes and attached properties both fell from September to October while prices increased, according to data released Thursday by the Greater San Diego Association of Realtors.Sales of single-family homes fell 4.9% from 1,862 in September to 1,771 in October while attached-property sales fell 2% from 943 in September to 924 last month. Sold listings of both property types have fallen for four consecutive months, according to the GSDAR.Median sale prices of single-family homes rose 3.1% from 5,000 in September to 5,000 in October while attached property prices increased 2.4% from 9,000 in September to 9,000 last month. GSDAR President Kevin Burke argued sales fell and prices increased due to a limited supply of available properties.RELATED: Making It In San Diego: How housing got so expensive``Rising prices and low inventory are still a burden on our state and local housing economy,'' Burke said. ``But mortgage rates that are approximately 1% lower than at this time last year should give some lift to buyer demand.''Single-family home sales increased 1.9% from 1,738 in October 2018 to 1,771 last month while attached property sales decreased 3.8% year-over-year, from 960 in October 2018 to 924 in October of this year.Year-over-year median sales prices increased by more than 2.5% for both property types. Single-family home prices rose 3.3% from 3,900 in October 2018 to 5,000 last month while attached property prices rose 2.6% from 8,000 in October of last year to 9,000 last month.RELATED: Making It in San Diego: Cost of housing driving up retirement spending in CaliforniaReal estate agents sold 54 single-family homes in Fallbrook last month, the most of any ZIP code in the county. El Cajon was the only other ZIP code with 50 or more sold in the month. 1877

SAN DIEGO (CNS) - Confirmed flu cases in San Diego County are well behind the rate of confirmed cases during last year's flu season, according to county health officials.The county has confirmed 189 flu cases so far this flu season compared to 441 cases at this time last year. According to county public health officer Wilma Wooten, flu cases usually increase during the holidays due to increased traveling and large family gatherings."Holiday gatherings and celebrations bring people together in large groups raising the possibility of people getting sick and making others ill," Wooten said. "Get a flu shot before the flu starts to spread and so that you are protected during the holidays."The county's weekly influenza report found 33 lab-confirmed flu cases for the week of Nov. 4-10. Only one county resident has died due to flu complications this season, compared to three at this time last flu season. Flu complications killed 342 people in San Diego County last season, the highest total since the county began tracking flu deaths roughly 20 years ago.The county and the Centers for Disease Control and Prevention recommend that everyone 6 months or older get vaccinated against the flu each year. It is especially important for those at risk of serious complications, such as pregnant women and people with chronic medical conditions, to get the vaccine. Residents should also wash their hands regularly, stay away from sick people and clean surfaces that are touched often.The flu vaccine is available at doctors' offices, local retail pharmacies, community clinics and the county's public health center. Residents can call 2-1-1 or visit the county's immunization program website, sdiz.com, for a list of county locations that are administering the flu vaccine free of charge. 1802