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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 man was shot in the hand during a large party near San Diego State University Sunday, police said. Police received reports of gunfire at about 12:30 a.m. on Art Street in the college area. Officers found a car with a bullet hole, but no victim. They found some shell casings at the scene. Later, a man with a bullet wound to the hand showed up at Sharp Grossmont Hospital. Police went to the hospital to interview the victim, but he was uncooperative, police said. 492

SAN DIEGO (CNS) - A young man who groped and sexually assaulted four female students as they walked to their off-campus housing near San Diego State University last summer was sentenced today to a two-year prison term.Judge Polly Shamoon also ordered Minda Shewangizaw, 20, to stay away from the four victims and San Diego State for 10 years.Shewangizaw pleaded guilty in April to felony and misdemeanor charges of false imprisonment and sexual battery. The defendant still faces charges that he tried to rape a woman in May 2017 at UC Riverside, where he was a student.Deputy District Attorney Judy Taschner said the victims in the SDSU case ranged from 17 to 19 years old. "He (Shewangizaw) attacked two separate groups of girls that were walking in pairs," the prosecutor said outside court."And even though they were walking with a friend, it didn't deter him from literally walking up to them and sexually assaulting them and grabbing them against their will."T.H. testified during a preliminary hearing in January that she and her roommate, T.L., were walking near Montezuma Road and 55th Street, back to their apartment just after midnight last Aug. 29 when the defendant came up from behind and forcefully "grabbed my butt."T.L. testified that she noticed someone walking behind them before he began chasing them. "I said, You need to leave," T.L. testified. "He grabbed my hand and pulled me toward him. He pulled my shirt down and grabbed my breast."T.L. said she kicked the defendant and was able to break free. She and her roommate notified a security guard, who called campus police.The witness said Shewangizaw was wearing an "extremely distinctive" blue Hawaiian shirt and she and her roommate were able to identify him a short time later, after his arrest following another attack.Jane Doe 2 testified that she and Jane Doe 1 were on a pedestrian bridge near the Aztec Student Union, headed back to their dorm about 1 a.m., when she heard footsteps and was smacked on her "behind" by the defendant."I was livid. I said, What are you doing? Don't do that! He laughed it off." The witness said she kept walking and tried to ignore the defendant, but he followed and made a remark about her breasts before pulling her shirt down and putting his hands on her chest.Jane Doe 2 said Shewangizaw went to Jane Doe 1 and said, "How about you? What do you have?" Jane Doe 1 testified that Shewangizaw asked them if they were freshman and told them he was a junior at SDSU. The witness said she froze when the defendant grabbed her friend's breasts."I got really freaked out." She said Shewangizaw grabbed her breasts and buttocks and trapped her against a rail before laughing and walking away. Shewangizaw was arrested and bailed out of custody, but was re- arrested in connection with the alleged attempted rape at UC Riverside. 2844

SAN DIEGO (CNS) - Officials Thursday publicly identified a woman whose body was found floating in Mission Bay last weekend.A visitor to Fiesta Island made an emergency call shortly after 6:30 a.m. Saturday to report spotting 36-year-old Anita Teres dead in the waters of the manmade harbor south of Pacific Beach, according to San Diego police.``Although there were no obvious traumatic injuries seen (on) the victim, due to the circumstances and the condition of the body ... homicide investigators were called to the scene out of an abundance of caution,'' Lt. Matt Dobbs said. ``Very little is known about the victim or the circumstances surrounding the death at this time.''Authorities have been unable to locate any next of kin for Teres, who was known to frequent Fiesta Island, downtown San Diego, La Mesa and various local trolley stops, according to police. 874

SAN DIEGO (CNS) - A San Diego woman who falsely claimed to have two employees on the payroll of her marketing company in order to obtain a CARES Act loan pleaded guilty to federal fraud charges, the U.S. Attorney's Office said Wednesday.Nikole L. Edwards, 40, the founder of Social Savvy Marketing, admitted to submitting fake tax records and payroll information to receive a loan through the Paycheck Protection Program.The U.S. Attorney's Office said that in April and May, she applied for "tens of thousands of dollars of PPP loans" with three financial institutions, claiming in applications that Social Savvy Marketing had two employees who earned annual salaries of ,000 and ,000, when the company actually had no employees.Edwards provided fake addresses, Social Security numbers and W-2 forms for the nonexistent employees, according to prosecutors, who said that upon being rejected for a loan, she claimed, "This is a lifeline for my employees and my business and we won't survive without it."She was able to obtain a ,583 PPP loan, but will have to repay the entire amount as part of the plea agreement.Edwards entered her plea Tuesday in San Diego federal court and is slated to be sentenced Nov. 18. The charge of making false statements to the Small Business Administration carries a maximum penalty of two years imprisonment and a ,000 fine, according to the U.S. Attorney's Office."The PPP is designed to help struggling businesses meet legitimate payroll obligations, not to enrich sole proprietors engaging in outright fraud," said U.S. Attorney Robert Brewer. "We are working diligently with our law enforcement partners to investigate and prosecute those who abuse this critical lifeline for the nation's businesses, workers and economy." 1777

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