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SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - The average price of a gallon of self-serve regular gasoline in San Diego County dropped a half-cent Friday to .989, the 17th decrease in the last 18 days.The average price has fallen 11.1 cents during the past 18 days, including 1 cent Thursday, according to figures from the AAA and Oil Price Information Service.It is 4.1 cents less than one week ago and 7.6 cents lower than one month ago, but 23.4 cents more than one year ago.TRAFFIC: Check conditions for your Memorial Day weekend drive 521

SAN DIEGO (CNS) - The San Diego Planning Commission Thursday recommended approval of Riverwalk San Diego project, a proposed transit-oriented neighborhood development along the San Diego River in Mission Valley.International real estate firm Hines has proposed the 200-acre project, which is intended to transform the existing Riverwalk golf course into a neighborhood as well as restore the stretch of the San Diego River that runs through it.The proposal will head to the San Diego City Council on Nov. 17. According to Hines, if it is approved, the company plans to break ground during the second half of 2021.The Hines plan includes 4,300 homes -- 10% of which are planned to be affordable housing -- a Metropolitan Transit System Green Line trolley stop, 152,000-square-feet of retail space, 1 million square feet of office space, 100 acres of parks and new bike and pedestrian paths, including an extension of the San Diego River Trail."I think it could be something to set the standard for what transit- oriented development can look like," said San Diego Planning Commissioner Vicki Granowitz.The Riverwalk plan, established through a partnership between Hines and the Levi-Cushman family landowners, incorporates community input gathered over several years by the Hines team in nearly 100 stakeholder and community planning group meetings."We appreciate that the planning commissioners recognized the extensive community outreach and collaboration that helped form our plan and the care we're taking to create an environmentally responsible, transit- oriented legacy project for San Diego," said Eric Hepfer, managing director at Hines.The planning commission recommended approval by a vote of five in favor, with one abstention and one commissioner absent. 1774

SAN DIEGO (CNS) - San Diego County health officials Saturday reported 551 new COVID-19 infections and seven additional fatalities, raising the county's totals to 32,330 cases and 593 deaths since the onset of the pandemic.The new deaths -- four men and three women -- occurred between July 29 and Thursday, and ranged in age from 49 to 90. All had underlying medical conditions, according to the health department.The county reported 9,472 tests Friday, 6% of which returned positive. The 14-day running average of daily positive results is 5.1%. The state's target is fewer than 8% testing positive.Of the total positive cases in the county, 2,730 -- or 8.4% -- required hospitalization and 682 -- or 2.1% -- were admitted to an intensive care unit.County Supervisor Nathan Fletcher said Wednesday that because of problems with the state's electronic reporting system, which has led to a backlog in test results, additional cases might be retroactively added to both local and statewide case totals in coming weeks.The county's case rate per 100,000 residents is 109.9. The state's goal is fewer than 100 per 100,000. The case rate is a 14-day average and is based on the date of the actual onset of the illness in each patient, not the date the illness was first reported by the county. Lags in reporting often lead to delays in new confirmed cases being reported to and announced by health officials.The percentage of people testing positive for the illness who have been contacted by a county contact tracer in the first 48 hours has increased from 7% on July 18 to 84% Friday. The county's target for this metric is more than 90%.Another two community outbreaks were reported Friday, bringing the number of community outbreaks in the county in the past week to 20. The latest outbreaks were reported in a business and a government facility.There have been 172 community outbreaks reported since stay-at-home orders were issued in March. A community outbreak is considered to have occurred if three or more people from different households contract COVID-19 from one location.Officials say declining case numbers and other important metrics show positive trends, leading some lawmakers to begin looking at ways to move forward with further reopening of the economy.The Board of Supervisors over the past week opened county-owned parks for worship and fitness activities; approved spending million in federal pandemic-related funding to help child care providers, testing in schools and meals for senior citizens; added a pilot walk-up testing program at the San Ysidro Port of Entry for essential workers and U.S. citizens; and approved a plan that adds 22 members to a "safe reopening compliance team" to crack down on businesses refusing to follow public health orders.The compliance team will focus on three types of violators, starting with the most blatant cases -- such as those who host mass gatherings. The next level of enforcement would focus on businesses or groups that have experienced community outbreaks. Last, the team will check on less serious violations reported by concerned individuals, including businesses not requiring social distancing protocols or mask wearing.A compliance call center has been established so county residents can submit complaints of violations. The number is 858-694-2900.Of the total hospitalized during the pandemic due to the illness, 71% have been 50 or older. But county residents ages 20-29 have accounted for 25.5% of COVID-19 cases, the highest of any age group, according to county data. That age group is also least likely to take precautionary measures to avoid spreading the illness, officials said."Some San Diegans think they're not going to get sick and therefore are not following the public health guidance," said Dr. Wilma Wooten, the county's public health officer. "What they don't realize is that they could get infected and pass the virus to others who are vulnerable."The age group with the second-highest number of infections -- residents ages 30-39 -- represent 18.9% of the county's COVID-19 cases. 4085

SAN DIEGO (CNS) - State regulators have approved .1 million in funding for a slew of hydrogen refueling stations, including four in San Diego County, officials said Saturday.The funding, for a total of 123 stations statewide, will "expand California's early commercial light duty hydrogen refueling and fuel cell electric vehicle markets and (will) accommodate the projected FCEV roll-out in 2021-2024," according to the California Energy Commission.Funds were awarded to three companies -- FirstElement, Iwatani and Shell -- for 36 hydrogen stations to service passenger vehicles. Another 87 stations were also recommended for funding to these same awardees in subsequent funding batches.The funding awarded Friday includes stations at the following locations:1832 W. Washington St., San Diego1666 First Ave., San Diego11030 Rancho Carmel Drive, San Diego7170 Avenida Encinas, CarlsbadThe stations are funded by Assembly Bill 8, passed in 2013. 956