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SAN DIEGO (KGTV) - In a downtown courtroom on Friday afternoon, attorneys battled over a request to halt the shutdown orders for San Diego bars, restaurants, and gyms.Attorney Bruno Katz is representing a group of local businesses like Cowboy Star restaurant and Bear Republic Crossfit gym, which are seeking an emergency injunction. He told the judge, “What I do want to say, your Honor, is that the temporary restraining order is based on data. It’s based on facts. It’s based on science and it's based on the state not showing why it has targeted these industries when the science and data doesn't support it.”The state argued that the damage to businesses pales in comparison to the damage on human life. “There's nearly a thousand dead San Diegans and the numbers are getting dramatically worse and have been for the last couple of weeks,” said state Deputy Attorney General Jonathan Eisenberg.Restaurants and gyms were open for indoor operations with limited capacities under the red tier. However, last Saturday’s move to the purple tier forced them to shutdown indoor services completely and move outside. They're suing Governor Newsom and San Diego County, arguing that the closures go against their rights and are causing financial devastation.The suit was filed on behalf of all restaurants and gyms.Local owner of The Studio SD fitness studio Rachel Racz spoke to ABC10 News before Friday’s hearing. She told ABC10 News in part, “It's been rough to shut down business again when people were feeling normal and then we see the County of San Diego's Department of Health say that gyms are only point .4% of cases in San Diego and it's really frustrating as a business owner where we have these ebbs and flows- where we can be open and then we can’t.”Superior Court Judge Kenneth J. Medel stated that he would have a ruling by 5 p.m. on Friday. If not, he said he would issue his decision on Monday. 1916

SAN DIEGO (KGTV) — In October, members of ICE, CBP and USBP held a meeting with several organizations in San Diego, telling them the Department of Homeland Security would be ending a policy known as “safe release.”That’s according to a lawsuit filed Wednesday by the County of San Diego against Kirstjen Nelson, secretary of the Department of Homeland Security.The policy of safe release had been in place since at least 2009. Under it, ICE would work with asylum seekers who had made it legally across the border to connect with family or sponsors in the United States. ICE officials would coordinate transportation as well, making sure the migrants made it to their final destinations.At the meeting in October, federal authorities notified Jewish Family Service and the San Diego Rapid Response Network that ICE would no longer be providing that service.“When that policy ended we quickly began to notice there were moms and children being dropped off at the bus stations here in San Diego,” said Michael Hopkins, CEO of Jewish Family Service. “We realized pretty quickly that we needed to create some type of shelter so that we didn’t have families sleeping on our sidewalks and adding to our homelessness problem in San Diego.”Since October, Hopkins estimates they’ve helped nearly 12,000 migrants in San Diego.On average, they take in 50 to 100 people per day, but it can fluctuate.“Last week we had nights when it was over 200,” said Hopkins.The shelter has moved around several times, but in March, the County announced it would allow the Rapid Response Network to operate the shelter out of the former family courthouse in Downtown San Diego.The operation has cost about .3 million, according to the County.It’s come from a mix of donations and money given to the county by the state.In a statement from DHS, officials told 10News, “until Congress acts to address the obvious drivers of the crisis and gives the Department the proper resources, we will continue to refine and adapt our processes to address our many priority missions to the best of our abilities.” 2083

SAN DIEGO (KGTV) - Loved ones are mourning the loss of a City Heights man and longtime professional wrestler to COVID-19.In the wrestling ring, Martin Rodriguez was known as "Espantito," or "The Terror." He donned a mask and black-and-white tights and had a knack for performing seamless moves.In early September, the man known for his strength felt tired and then developed a cough and fever. A few weeks later, he was having trouble breathing and was taken to the ER."He went in with pneumonia and was then diagnosed with COVID-19," said his daughter Barbara Rodriguez.Barbara says a few days later, he was placed on a ventilator. About three weeks later, Martin, a husband and father of two, died at the age of 53."He gave me strength, gave me guidance, and helped me become the person I am today. Knowing I won't have him for the future is painful," said Barbara.The man she knew as her loving, caring father stood in contrast to the character inside the ring. After several years in Mexico's famed AAA Lucha Libre in the early 90s, Rodriguez moved to San Diego and became a freelancer, wrestling in leagues in Southern California, Canada, and Mexico. He was always the bad guy and he loved it."Hyped him up even more. He loved entertaining people, making them laugh and feeling emotion," said Barbara.Since the pandemic began, his matches had been canceled. He owns a landscaping business and was taking all the COVID-19 precautions. Barbara doesn't know how he contracted the virus."I just want people to be safe. Wear a mask. I don't want this to happen to any other families," said Barbara.A GoFundMe campaign has been set up to help the family with expenses. 1675

SAN DIEGO (KGTV) -- Investors say an Oceanside company that promised a green and environmentally friendly way for people to invest their money, instead left them with nothing.Team 10 has spoken to multiple people who said they invested with the Pacific Teak Reforestation Project, managed and developed by Pacific Management Group.On the company’s website, Ron Fleming is listed as PMG’s founder and chairman of the board. The website states the reforestation project “provides individuals, businesses, and institutions around the world with the opportunity to build their financial future, while saving one of the earth’s most precious and scarce natural habitats: the tropical rainforest.” The company said as the trees matured and grew larger, so did profits. The website stated that "in the time it takes teak trees to grow from seedlings to maturity--after only 15 full years of growth--[the] asset's value will likely increase as many as ten times based on historical price trends." Investors would then benefit from that profit.Mark Baker, who lives in Tucson, said he and Fleming grew up together and their mothers were best friends. In 2010, he invested ,000 of his retirement money into Pacific Teak.“That money to me was going to be part of my legacy to help my grandkids go to school,” Baker said.In 2014, he said he invested another 0,000. To this day, he said he has not received any return on that investment. “I’ve had to make a plan B for my retirement,” Baker said.Team 10 spoke to at least six people who invested with Pacific Teak. Their teak tree purchase agreements show the investors paid anywhere from nearly ,000 to nearly 0,000 for a teak tree project in Costa Rica.“It was a green investment... they were planting and they were redeveloping land that had been the victim of slash and burn techniques by the locals,” said Greg Robertson, another investor who currently lives in Rome, Italy.Robertson met Fleming on a flight in the late 1990s. “That developed into a friendship,” he said.He invested nearly ,000 in the project. “This was a very green project. It was long term,” he said. “It was all positives.”It was positive at first, but Robertson said it changed as time went on. “No monthly letters or annual business account letters... nothing. Zero,” Robertson said. “It was unusual.”Michael Tillman said he put in more than ,000 with Pacific Teak in early 2009. He has not received any money on his investment.“It’s just the stress of trying to figure out where I’m going to recoup this money to send my daughter to school,” Tillman said.Tillman said investors were given teak forecasters, which showed how much trees gained in value over the years. “So, I’m looking at the low end which is ,000... and I’m thinking, that’ll cover maybe a semester or two,” he said.Tilllman said he started to sense something was wrong a couple years ago when they stopped hearing from Fleming. Tillman got in contact with other investors, like Baker and Robertson, and discovered many people had not received any return on investment. “I’m already stressed out because for so long, I thought that it was taken care of,” Tillman said.Team 10 reached Fleming via email. He said he “resigned himself from executive position in Pacific Management Group the later part of 2013 due to health issues.” He also said that he left prior to Hurricane Otto in 2016, which he alleged caused catastrophic damage to the project.”The investors said they were not aware of Fleming’s retirement in 2013, as he never communicated that to them. The investors also said they were not informed of any hurricane damage until after they questioned Fleming for updates.“I was devastated. I never thought it was part of his character,” Baker said.A spokesperson with the Department of Business Oversight—which is now the California Department of Financial Protection and Innovation—said Fleming was not supposed to operate in California. The DBO issued a desist and refrain order in 2016. It said Pacific Teak and Pacific Management Group did not have the proper permit to be in business. In addition, the state found the company “misrepresented that investors would receive substantial profits.” It also found the company was in violation of the Corporate Securities Law. The state said Fleming and the company “misrepresented to investors this investment opportunity was low- risk.” Fleming never responded to Team 10’s follow up questions, only writing that he was “super busy” with his youngest daughter getting married.Fleming’s attorney contacted Team 10, telling me the “matter is complex and there are many unfounded rumors, along with misstatements, that have been circulating.“The fact is that Mr. Fleming has done nothing unethical in connection with his association with Pacific Management from which he resigned in 2013. I would request that you and your employer be very careful in what you publish in this matter,” wrote attorney Dominic Amorosa.He added in a separate email: "I am not sure whether you can find any investor in the United States who believes that an investment must necessarily be successful notwithstanding any foreseeable or unforeseeable events." The investors are still in disbelief about the turn of events and hope they will able to recoup some of their money. “He didn’t care about us at all, just about himself,” Robertson said.“He messed up so many lives. So many lives,” Baker added.Investors said they reported Fleming to the FBI. A spokesperson said they could not confirm or deny any investigation, but will take appropriate action if it is warranted. 5616

SAN DIEGO (KGTV) -- In just hours, Rady Children's Hospital is expected to get their first shipment of the Pfizer COVID-19 vaccine. It is unclear how many doses the hospital will receive, but once they arrive they will be stored in ultra low temperature freezers, until they are given to hospital staff. FedEx is in charge of making the historic delivery.The hospital's chief operating officer, Dr. Nicholas Holmes, says most of the hospital's staff wants to get the vaccine. It will not be mandated, since it's only approved for emergency use. The first to get the vaccine at the hospital will be front-line healthcare workers in the 1-A category. The category includes physicians, respiratory therapists, nurses, and other staff who have high chances of exposure to the virus. Dr. Holmes says a team at the hospital spent the last four days planning the logistics for distribution. Staff working in the same departments will get the vaccines on a rolling basis, just in case they experience side effects and to prevent an entire department from having to miss work at once. Once the staff receives it's first dose, they'll get a second dose 21 days later. 1166