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SAN DIEGO (KGTV) - Cesar Rivera thought he'd achieved the American Dream when he and his wife bought a house just north of Mission Valley. "I moved in, I loved the area, I loved my neighbors," he says. "I want my boys to have this house when we grow old."But whether Rivera's family will last in long enough in the area remains to be seen. These days, Rivera is on anxiety medication. He says it's because of the home next door that became a vacation rental shortly after he moved in. He says it can rage any night of the week. "They go on arguing and yelling, and they're out there for hours," Rivera said. "They don't stop. That latest it's gone on is 3:30 in the morning."RELATED: Airbnb reports San Diego revenue for holiday weekends and eventsRivera says he has called the police on numerous occasions, but they don't always come in a timely manner. He also says the owner, Lael Volage, is not responsive: a claim she vehemently disputes. At any rate, it's exactly the situation the City Council aimed to avoid when it passed strict regulations in 2018. The rules would have limited vacation rentals to primary homes and structures on the same parcel. The rules also would have required many hosts to pay a 5 fee to fund a new enforcement division that would have worked evenings and weekends. But Airbnb led a successful referendum, and the council rescinded the law. "It's a free-for-all," said Volage. Volage says Rivera's claims are overblown, and that she too does not want her property to be the site of wild parties.RELATED: Vacation rental hosts blast bill that would set local limits"Nobody wants a problem," Volage says. "Nobody wants a party at their house. We try to regulate it. I turn people down all the time."Still, her online listing says parties and smoking are allowed, the home sleeps ten, and boasts a billiards table, jacuzzi, and wet bar. It is advertised for 0 a night on Fridays and Saturdays. "If you're a homeowner, you're allowed to have a barbeque, you're allowed to have beer pong in the backyard, and be able to have some music playing until 6, 7, 8, 9 even 10 o'clock," Volage said. She said vacationers should have the same rights, and that Rivera's problem is that his bedroom is right above the street. San Diego Police say they have been called to Volage's rental three times since May for noise complaints. RELATED: Team 10 investigates wild, violent parties at short term vacation rentalsThere is currently no proposal at the city to regulate short term rentals. A 2017 memo from the city attorney concludes vacation rentals are not an allowed use. Still, a spokesman for the mayor says he continues to support the "common sense regulations proposed last year as a starting point for new negotiations."After a Halloween night shooting at a vacation rental, Airbnb CEO Brian Chesky announced the company would ban party houses, and increase enforcement efforts. Those efforts include creating a "party house" rapid response team, and expanding manual screening of high-risk reservations. Volage's home is listed on VRBO. The company did not immediately return a request for comment. 3139

SAN DIEGO (KGTV) — At least two teachers are on leave pending investigations at Southwest Middle School in Otay Mesa West. A spokesperson for Sweetwater Union High School District confirms the investigations, saying the teachers are not allowed on campus at the current time.10News uncovered the investigations when a viewer reported that his daughter had been interviewed in the case. He says an assistant principal questioned her about one teacher's behavior, including conduct that could be considered sexually inappropriate.The father, who asked 10News not to use his name, says he's upset that he was not notified by the school before his daughter was brought in for questioning. "I would have preferred my wife to be there, or I could have had the chance to say no, I don't want her interviewed because these are very serious, morbid conversations to have with 12-year-old girls," the father said.He says the only communication he has had from the school is a robocall voicemail the day after the questioning to notify him that it had occurred and suggesting he ask his student about the topics discussed.A district spokesperson says they are limited in what information can be released by privacy and personnel issues. 1233

SAN DIEGO (KGTV) - Border officials say the man shot and killed on Friday night by a Border Patrol agent behind the Las Americas Premium Outlets mall was trying to enter the U.S. illegally.A statement from Aaron Heitke, Chief Patrol Agent for the U.S. Border Patrol, San Diego Sector reads:“On Friday, October 23, 2020, at approximately 5:45 p.m., a United States Border Patrol agent responded to apprehend a man illegally entering the United States immediately west of the port of entry in San Ysidro, California. During the arrest, an altercation ensued and the agent discharged his firearm, wounding the man, who was later identified as an adult Mexican national. Nearby agents and law enforcement personnel responded immediately and initiated lifesaving efforts until emergency medical services arrived. At approximately 6:25 p.m. the man was pronounced deceased at the scene. The investigation is currently being led by the San Diego Police Department. Customs and Border Protection will continue to fully cooperate with the ongoing investigation. The specifics of this incident have also been shared with FBI, DHS OIG and CBP Office of Professional Responsibility. Additional updates will be provided by the San Diego Police Department, inquiries should be directed to them.”SDPD added Saturday that the 30-year-old man was shot once in the torso by the agent after he fought the agent, who sustained minor injuries.Social justice leaders with the American Friends Service Committee and Alliance San Diego have sent a letter to SDPD calling in part for an independent investigation to be handled only by police, not border officials or unions. Part of the letter reads, “Any involvement or coordination with these agencies, and specifically with CIIT has the potential to corrupt the investigation and could be considered an obstruction of justice.”Pedro Rios with the American Friends Service Committee said that he and others are considering holding a demonstration on Sunday. “I think for us it's important to ensure that people are treated with dignity regardless of who they are and we shouldn't jump to conclusions about the person who is now a victim and is now deceased,” Rios told ABC 10News on Saturday. He added, “I think we should permit the investigation — an unobstructed investigation — to move forward and that way we get to know exactly what took place that led to the demise of this individual.”There's now a call for evidence related to the shooting to be released right away. “We know that there's a lot of surveillance cameras in the area, not only belonging to Customs and Border Protection and [the] Department of Homeland Security but also the Las Americas mall has a lot of cameras in the area,” said Rios.Officials are not releasing the name of the man who was shot or the name of the agent who fired at him. 2848

SAN DIEGO (KGTV) -- Coronavirus cases on the San Diego-based USS Theodore Roosevelt are multiplying quickly. On Thursday, Department of Defense officials announced 23 sailors have now tested positive for COVID-19. Officials say they have mild symptoms, fever and a cough. The aircraft carrier left her San Diego homeport in January for a seven-month deployment with roughly 5,000 sailors are on board. The carrier's last stop was in Vietnam more than two weeks ago. RELATED: New COVID-19 cases found in city where San Diego-based ship is dockedNavy closes San Diego Training Support Command after third coronavirus caseJust two days ago, the Navy announced the first three positive cases on the ship, meaning the number of infected sailors is now nearly eight times as high. The USS Roosevelt is getting ready to pull into Guam on Friday, where the positive cases will be moved off of the ship. The other sailors will be confined to the pier, not allowed to leave into Guam. Navy officials say everyone on the ship will be tested for the virus. 1052

SAN DIEGO (KGTV) -- As the world outside continues to change in drastic and dramatic ways, it’s easy to feel stuck in stress and despair.ABC/10News anchor Kimberly Hunt speaks with a Holocaust survivor who has devoted her life to inspiring others to change the imprisoning thoughts and destructive behaviors that may be holding us back.Dr. Edith Eger’s empowering conversation helps us see our darkest moments as our greatest teachers. She says true freedom only comes when we confront the past, as well as this pandemic, with strategies and tools for finding the gift in every day. It’s an investment in the future, the conviction to focus not on what we’ve lost, but on what’s still here.She’s also written lessons for breaking out of personal prisons in order to live a full life in her new book: The Gift. Click here for more information. 851

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