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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) - Mayor Kevin Faulconer announced today that all city-owned property along the San Diego River has been cleaned at least once. The city owns roughly one-third of riverfront property, and employees have removed nearly 99 tons of debris from 32 locations since last September, he said.Faulconer said the cleanup will continue, particularly in regard to outreach and coordination with owners of the remaining two-thirds of land along the river."The San Diego River is one of our most precious natural resources and we must continue to give it the care and attention it deserves," Faulconer said. "While we've cleared all of the city's property once, we still have a lot more work to do, so we're encouraging every property owner next to the river to join our cleanup efforts and help preserve the San Diego River for future generations."City employees have sent letters to 33 private property owners,including several businesses, that collectively own another third of riverfront property. Eight owners have allowed city employees to clean their property.Those who reject city services must clean their property or face fines ranging from 0 to ,000, according to the mayor's office.The remaining third of riverfront property is owned by a nonprofit and various government agencies, including the Metropolitan Transit System,Caltrans, San Diego River Park Foundation, California Department of Fish &Wildlife, U.S. Postal Service and County of San Diego.Rob Hutsel, president and CEO of the San Diego River Park Foundation,lauded city efforts to clean riverfront property."Since this effort began, we have seen a dramatic difference along the river in the city," Hutsel said. "There is less trash, fewer encampments and a new hope that a lasting improvement is being achieved." Cleanup efforts are part of the "Clean SD" initiative, which launched May 2017.So far, crews have removed more than 1,000 tons of litter from illegal dumping hot spots in Ocean Beach, City Heights, San Ysidro, Logan Heights, Paradise Hills, Webster, Mission Beach, Point Loma and Pacific Beach. 2105

SAN DIEGO (CNS) - Health officials Wednesday reported seven more deaths in San Diego County due to influenza complications last week, bringing this flu season's death toll to 42.The seven residents were between the ages of 53 and 90 and all had additional medical issues. Only two of them had been vaccinated, according to the county Health and Human Services Agency. At this time last flu season, the county had received reports of 281 deaths due to flu complications.The county also saw a new weekly high for lab-confirmed flu cases at 545, according to the HHSA's weekly flu report. The county has recorded 5,486 confirmed flu cases so far this flu season, a far cry from the 17,397 reported at this time last flu season. County health officials touted the data in the weekly flu report as evidence that the current flu season may still be cresting."Influenza is still widespread in the region and continues to sicken San Diegans," said Dr. Wilma Wooten, the county's public health officer. "Anyone who has not yet had a flu vaccine this season should get it now."County health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially demographics with a heightened risk of serious complications, such as pregnant women, people older than 65 and people with chronic conditions. Recent flu seasons have extended as late into the year as May, according to county health officials.Flu shots are available at doctors' offices, retail pharmacies, community clinics and the county's public health centers. Residents can also call 211 or visit the county's immunization program website, sdiz.com, for a list of county locations administering free vaccines. 1751

SAN DIEGO (CNS) - A man who beat his estranged wife to death with a commemorative baseball bat as she delivered food to him at his City Heights apartment was sentenced Friday to 16 years to life in state prison.Dana Marion Davis, 56, pleaded guilty at an earlier hearing to second- degree murder in the death of April Davis, his spouse of more than 30 years and the mother of his six children.The defendant beat the 51-year-old victim with a wooden bat on the afternoon of Oct. 7, 2017, then prevented a family member and police from entering the apartment, said Deputy District Attorney Stephen Marquardt. When officers finally gained entry, she was found dead on the floor.Davis told Judge Michael Smyth that he was remorseful for killing the mother of his children."She didn't deserve this," the defendant said before he was sentenced.To his children -- three of whom were present in court -- Davis said, "I am deeply sorry for the pain I have caused you."A psychologist determined the defendant suffered childhood development trauma that affected his relationship with his wife, Deputy Public Defender Amy Hoffman told the judge.When talking to police after the murder, Davis was "clearly in shock" as to what happened, Hoffman told the judge. The attorney said alcohol was involved in the fatal encounter.According to Marquardt, the defendant was on probation for domestic violence when he killed his wife. The two had been living apart.The prosecutor said the defendant had been violent with the victim in the past, having been convicted of misdemeanor domestic violence in 1994 and 2016.When the defendant was convicted of punching his wife in the head in 2016, he was also prosecuted for choking his teenage daughter, Marquardt said. 1749

SAN DIEGO (CNS) - A San Diego federal judge has again denied a Chula Vista church's request to challenge the state's COVID-19-related restrictions on indoor worship services.South Bay United Pentecostal Church, which lost a challenge to the restrictions earlier this year when the case went before the U.S. Supreme Court, filed an amended complaint this summer in its ongoing lawsuit arguing that California's restrictions on indoor services and singing are unconstitutional.U.S. District Judge Cynthia Bashant, who denied the church's request for a preliminary injunction in May, also denied South Bay United's latest request in a written order signed Wednesday.Bashant echoed much of her previous reasoning in denying the church's request, though South Bay United's latest complaint and her ruling took into account the shifting state of the virus locally.South Bay United argued in court papers that the state's "scientific pronouncements" are "largely baseless," as by "all reasonable scientific measurements," the COVID-19 health emergency "has ended."Bashant disagreed with the church's assessment of the current picture, and wrote that limitations to indoor worship attendance do not restrict one's ability to attend religious gatherings, as long as they are held outdoors.The judge wrote that the current COVID-19 situation in San Diego County holds that worship services may be held outdoors, with singing and chanting permitted. Indoor worship is limited to 100 people or 25% of building capacity -- whichever is fewer -- with singing and chanting prohibited.The church has argued that outdoor worship and services held over video-conferencing are "inadequate substitutes" and that the public health orders prohibit the church "from holding the services mandated by scripture."It also argued that California arbitrarily allowed certain sectors considered essential to stay open and conduct indoor operations, while discriminating against religious institutions.Bashant disagreed that public health officials have shown a pattern of discriminatory enforcement of COVID-19 health orders against religious institutions.She wrote that through Aug. 26, the county served 10 cease-and-desist orders or compliance letters to businesses or other entities, three of which were places of worship.Additionally, she wrote that through Aug. 26, 144 citations were issued for health order violations, none of which were to places of worship or people engaged in religious services. 2485

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