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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 pedestrian was fatally struck by a vehicle this morning on state Route 163 in the Kearny Mesa area.The crash was reported around 3 a.m. near the Balboa Avenue off-ramp from northbound SR-163, according to a California Highway Patrol incident log.The pedestrian was pronounced dead at the scene, the CHP reported.No details about the victim, the vehicle or its driver were immediately available.CHP officers were investigating the circumstances leading up to the crash. 496

SAN DIEGO (CNS) - California restaurant owners from across the state, including San Diego County, filed government claims today seeking refunds of state and local fees assessed during the COVID-19 pandemic, saying public health orders have forced them to shutter their doors or operate under capacity restrictions even as they're charged fees for liquor licenses, health permits and tourism assessments.The claims were filed in San Diego, Los Angeles, Orange, Sacramento and Monterey counties. Claims will also be filed in San Francisco, Fresno and Placer counties, according to the restaurant owners' attorneys.Plaintiffs' attorney Brian Kabateck said, ``Restaurant owners are obligated to pay these government fees just to operate, yet the same government entities who have collected those fees have forced these businesses to close their doors or drastically restrict operations due to the pandemic. We simply want the government to return those fees to those restaurants who followed the law and closed.''The state has 45 days to respond to the claims, which are necessary precursors to a potential class-action lawsuit.The move was supported by the California Restaurant Association, whose president and CEO, Jot Condie, said, ``Even when the restrictions are lifted, the devastating impact on the restaurant industry will extend for years. Restaurants have not received any form of relief. Easing fees would help enable establishments to stay open and keep vulnerable workers employed.'' Restaurants, like many other industries, have been hit hard by the pandemic, leading to the permanent closures of many establishments.A survey by the California Restaurant Association found 63% of responding owners said they have not received rent relief. About 41% said their restaurants could remain economically viable with a 50% indoor capacity limit, which is only permitted in counties within the yellow or orange ``tiers'' in the state's color-coded status system.Kabateck said, ``It's offensive and tone deaf for these entities to enforce these rules and charge fees for licenses and permits these businesses can't use.'' 2131

SAN DIEGO (CNS) - A man was hospitalized in San Diego Saturday morning after being seriously injured when he laid down in front of his friend's car during an argument and was run over, authorities said Saturday.The incident occurred at 11:15 p.m. Friday in the 5800 block of Market Street in the Emerald Hills neighborhood, according to Officer John Buttle with the San Diego Police Department.The victim argued with his friend and in an attempt to get his friend's attention, he laid down in the street in front of a car the suspect was driving and was run over, Buttle said.A friend of the victim called 911 to report the incident and the suspect got out of the car and took the friend's cell phone and told the 911 operator the victim had laid down intentionally in front of his car, then the suspect drove away from the scene, said Buttle.The victim was transported to a hospital with serious, but not life-threatening injuries, he said.MAP: Track crime happening in your neighborhoodThe suspect's vehicle is a 2001 burgundy Mazda 4-door with California license plate number 7XNW211. 1095

SAN DIEGO (CNS) - Ex-Poway Unified School District Superintendent John Collins pleaded guilty Wednesday to a misdemeanor financial disclosure charge and was immediately sentenced to five years probation in a plea deal in a case in which he was accused of misappropriating more than 5,000 in public funds.The Poway Unified School District and Collins also reached a settlement in a civil lawsuit related to the allegations, which is expected to be finalized Wednesday night. That settlement involves Collins paying the district 5,000 over a period of time, according to Judge Frederic Link."This is basically a win-win for a lot of people," Link said.Collins is required to abide by the terms of the civil settlement and follow the law as part of his probation, or face the risk of once again facing the criminal charges.After several days of testimony at a preliminary hearing -- a proceeding held to determine if there is enough evidence to proceed to trial -- Collins pleaded guilty to a misdemeanor charge relating to his failure to declare outside income to the Poway school board. Other charges connected to 1131