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SAN DIEGO (CNS) - A class-action lawsuit has been filed against Legoland and its parent company for allegedly not providing refunds after the Carlsbad theme park was closed to the public due to the COVID-19 pandemic.The suit was filed Monday in San Diego federal court on behalf of Los Angeles County resident Joyce Case against Merlin Entertainments Limited, which operates Legoland, Tussauds Hollywood, Tussauds San Francisco, the San Francisco Dungeon and Legoland Florida.The suit alleges Case purchased tickets to Legoland for a March 21 trip and ended up "one of the many consumers stuck with tickets to a canceled event who has been unable to obtain a refund," according to the complaint.Legoland representatives could not immediately be reached for comment.RELATED:San Diego Zoo hopes to reopen in 'coming weeks' under new limitsSan Diego cleared to reopen zoos, gyms, bars and wineries, day campsSan Diego theme parks aim for July 1 reopeningThe suit seeks refunds for all customers who paid for tickets, memberships and vacation packages that have since been canceled due to COVID- 19, and damages to compensate customers "for the loss of use of their money during a time when cash is at a premium for the many families targeted by Defendants that are struggling to get by."The complaint states that the terms and conditions of agreements to purchase tickets to Legoland and other Merlin Entertainments Parks hold that if events are canceled, refunds must be paid."Closing of these venues, and cancellation of these events, should have meant that ticketholders were promptly refunded their money -- money that in many cases was very much needed for other purposes," the complaint states. "But that did not happen for customers, who bought tickets, memberships, and vacation packages for Defendants' attractions. Instead, Defendants failed to honor and perform their duties, responsibilities, and obligations under their uniform standardized agreements with their customers, thereby breaching their contracts, but nonetheless pocketed their customers' money and converted it for their own use."A similar class-action lawsuit was filed against SeaWorld last month in San Diego federal court. In that suit, SeaWorld is accused of continuing to charge monthly membership fees to customers during the park's closure. 2329
SAN DIEGO (CNS) - A former Navy man was convicted of second-degree murder Friday for fatally stabbing his estranged wife, whose body was found in San Diego Bay nearly two years after she vanished.Matthew Scott Sullivan, 35, was found guilty for the death of his 31- year-old wife, Elizabeth, who vanished the evening of Oct. 13, 2014.Prosecutors allege Sullivan killed his wife at the couple's Liberty Station home, then hid her body inside a freezer for nearly two years before dumping it in the water.Following a three-week trial and just over a day of deliberations, the jury panel acquitted Sullivan of a first-degree murder charge, but convicted him of second-degree murder, plus an allegation of using a knife in the killing.Sentencing was scheduled for April 13.Deputy District Attorney Jill Lindberg alleged at trial that after stabbing his wife at least five times in her bedroom, Sullivan hid the body and murder weapon inside his home until he was compelled to discard Elizabeth's remains when movers arrived Oct. 4, 2016, at the onset of his cross-country move to the East Coast.Her decomposed body was discovered that same day in the water about a half-mile from their residence, dressed in the same clothes she was last reported wearing.An autopsy revealed a series of injuries to her ribs consistent with stab wounds, as well as fractures in her jaw and her nose.Investigators also discovered the victim's blood beneath the carpet of her bedroom and on a knife in the attic of the couple's home, according to Lindberg.Defense attorney Marcus DeBose argued that the presence of her blood inside her bedroom and on the knife stemmed from self-inflicted cutting, due to a reported history of depression and self-harm. He said that about a month before her disappearance, Sullivan had discovered that his wife had cut herself with a broken shard of glass and bled heavily throughout her bedroom.DeBose said a more plausible theory was that she stashed the knife in the attic to keep her cutting behaviors furtive, rather than her husband holding onto the murder weapon for two years, when he could have easily disposed of it at any time.DeBose also said his client's wife engaged in erratic behavior, including the cutting, as well as substance abuse, and frequently disappeared from home without notice. DeBose said she'd previously talked to her father and friends about leaving Sullivan and their two children.On the night of Oct. 13, 2014, DeBose alleged she simply left the home and never returned.Lindberg told jurors that the victim never contacted anyone after Oct. 13 and never touched about ,000 she transferred from the couple's joint account to her personal bank account shortly before her disappearance.The Sullivans' marriage was spiraling over financial issues and her affair with another man, leading the couple to start sleeping in separate bedrooms, she said.When Sullivan arranged for his mother and sister to move into the Liberty Station home on Oct. 13 to begin caring for their children, his wife contacted an attorney to secure a restraining order to keep her husband's family out of the home, Lindberg said.In addition to being angry over his wife's cheating and her attempts to obtain a restraining order, the prosecutor alleged Sullivan also feared she might take his children in the impending divorce.The marriage was "speeding toward a conclusion that (Sullivan) did not like" and "his back was against the wall. He had to do something to stop her, so he did," Lindberg told the jury.After Oct. 13, 2014, one of the victim's friends, who knew she was planning to leave Sullivan, couldn't reach her and reported her missing.Sullivan did not report her disappearance, but Lindberg noted he did go to a store the morning of Oct. 14 to purchase a single item: carpet cleaner.Investigators searched the home in 2014, when it was still a missing persons case, and found an empty freezer in the garage, Lindberg said, but nothing that could lead to an arrest.A former San Diego County deputy medical examiner who helped conduct the autopsy testified that the victim's decomposition was more consistent with someone who had been dead for one to two months.Lindberg said the most probable explanation is that Sullivan utilized the freezer to hide the body, which accounted for the delayed decomposition, while DeBose countered that theory was mere speculation."Unable to communicate through science and through their doctors that her body was frozen, the People are asking you to take a leap of faith," DeBose told the jury.The prosecutor said a police cadaver dog alerted officers to the presence of a dead body in Sullivan's garage during the 2016 investigation, which she said indicated the body had been hidden in the freezer there and was recently moved.The defendant was arrested in 2018 at his home in Delaware and extradited to San Diego. 4887
SAN DIEGO (CNS) - A 47-year-old man accused of intentionally driving a pickup truck off Sunset Cliffs and into the ocean with his twin toddler daughters inside pleaded not guilty today to attempted murder, kidnapping and other charges.Robert Brians, who is also charged in the 13-count criminal complaint with child abuse, making criminal threats, child abduction and burglary, is being held without bail and is due back in court July 22 for a readiness conference.He allegedly drove into the water on the morning of June 13 with his 2- year-old daughters inside the truck. The girls were hospitalized in stable condition, according to a GoFundMe page created to raise money for their medical bills.About 4:30 a.m. that day, the toddlers' mother called 911 to report that Brians had taken their children without permission and allegedly contacted her via ``numerous calls and texts ... clearly stating she may not see (them) again,'' according to the GoFundMe.com page.He allegedly threatened to drive the vehicle off the Coronado Bay Bridge, but was later spotted by officers on Hill Street near Cornish Drive and sped off, careening over the side of a cliff and landing upside down in the water, according to police.Moments later, a canine officer also responding to the emergency, 22- year SDPD veteran Jonathan Wiese, arrived in the area. Reaching the scene of the crash and seeing Brians' pickup upside down in the water, Wiese grabbed a long leash he uses for his service dog, wrapped it around his chest, gave the other end to fellow officers and rappelled down the precipice.Wiese then swam out to the foundering truck and rescued the children and Brians. Medics took all three to hospitals for treatment of injuries that were not considered life-threatening. 1775
SAN DIEGO (CNS) - A 22-year-old man was killed in a two-vehicle crash in Mission Valley West, authorities said this morning.The crash occurred in the 6700 block of Friars Road at 5 p.m. Friday, according to Officer Robert Heims of the San Diego Police Department.The man was driving a 2014 Chevy Malibu and making a left turn onto Friars Road from his apartment complex when a 33-year-old woman driving a 2020 Tesla Model Y crashed into the Malibu. The man sustained fatal injuries and his 22-year-old wife, who was a passenger in the car, sustained minor injuries, Heims said.No other injuries were reported. The name of the victim was not disclosed. 659
SALTON SEA, Calif. (KGTV) - Four years ago a 10News crew traveled to Bombay Beach on the eastern side of the Salton Sea. This once thriving resort community is littered with abandoned homes and some of the 200 plus residents who still live there struggle to get out. People like the man who would only identify himself as “Bucky.”"We own two houses. We can't replace what we have into them,” says Bucky. “Basically we're stuck. Me and my wife talked about it a couple of weeks ago I said, 'You know we're gonna die here.'"Bucky is like so many who call the Salton Sea home. They feel forgotten, hopeless, and helpless. In 2003 California Legislators promised to restore the dying sea and its vital ecosystem with almost -billion. But that promise, like so many others since, was broken to the people who live here.But two years ago Governor Jerry Brown allocated a mere -million in an attempt to avoid an enormous environmental disaster. That may seem like a lot of money, but as Senator Ben Hueso, whose district encompasses the Salton Sea explains, “-million is a drop in the bucket” for a problem of this size. So, four years later our 10News crew decided to return to the Salton Sea to see how residents who live there are managing their lives and what that -million is being used for. We were surprised to find not much has changed. In fact, very little money has been spent, the situation is rapidly getting worse, and the people who live there fear more broken promises.There is no denying the Salton Sea is disappearing."This is the water line previously,” says Tony May who owns several houses near the shoreline in Salton City.May points to the back edge of his yard and down to a dusty beach below where water from the Salton Sea used to lap up on his property.“It was right here as of 1993,” explains May smiling remembering a time when the property was right on the water.Today the water line is no less than 300 yards away and separated by a dusty playa scattered with dead fish and a foul-smelling body of water that once was a prime resort for fishing and waterskiing. And, it's only getting worse. The sea is shrinking more rapidly now that flows from the Colorado River were officially cut off at the beginning of 2018. Within years thousands of acres of seabed, like that behind Tony May’s home will be exposed. The waterfront property is now only a dream to May, the boat docks are entirely useless, and 300 yards of seabed that used to be 10 feet underwater, are now just a dusty beach. Playa that according to the Salton Sea Authority contains toxic chemicals like selenium, arsenic, and DDT. Tony and many others who live and work here, claim the dust from that dry beach is what's causing their respiratory issues."They can't breathe anymore, they're getting asthma,” says May. “They never had asthma. I talk to the employees in town and they say the more that sea dries out the more it effects our health."The Salton Sea will never return to its riviera prime. The concern now is not so much saving the sea, but instead averting disaster by creating wetlands to control the dust storms.“Because it's a major problem. It's a very big problem," says Senator Ben Hueso from California’s 40th District and home to the Salton Sea.Senator Hueso has been fighting an uphill battle for this region for almost a decade."What is going to happen should this sea begin to dry up? We're going to see that exacerbate," says Hueso. "Right now Imperial County has cities with the poorest air quality in the country. Highest asthma rates in the country. The price tag of doing nothing to fix the Salton Sea is going to be costlier than actually putting some resource into fixing it."The price tag has always been a problem for the Salton Sea dating back 15 years. State officials promised to restore the Sea in 2003 with .9-billion. That promise, like many others for this region, was broken.In 2016 a mere million was allotted by Governor Brown in his budget, with promises of millions more to come. -million of that money would go towards staff and consultants to fix the Salton Sea. The remaining -million would go to actual construction. But two years later only million has been spent on staff and consultants according to Bruce Wilcox who is Assistant Secretary and an Ecologist with the Salton Sea Policy. Not a dime has been spent on construction of wetlands to mitigate the blowing dust. "This is the old marina. And probably this is one of the most visually enticing places to see how far the water has receded," says Frank Ruiz with Audobon California looking over a desolate landscape that was once the thriving Salton City Marina.Ruiz’ job is to monitor the migratory birds who travel through the Salton Sea along the Pacific Flyway which stretches from Alaska to Patagonia at the southernmost tip of South America, shared by Argentina and Chile. "We should not wait until the crisis is on top of us. Because then the cost of inaction will be way too high,” adds Ruiz.A study conducted by the Pacific Institute estimates the cost of doing nothing with the Salton Sea could reach as little as -billion if nothing is done and possibly as much as -billion. Ruiz has watched the sea recede for years and says he fears the growth of respiratory issues, not just for those who live in this region but eventually as far away as San Diego. He's also witnessed a massive decline of migratory birds, which play a huge role in the ecology of the region."I think birds and wildlife are good indicators of how good or how bad your environment is. If the birds go, if the wildlife go, we will go next."If that’s true, as Senator Hueso mentioned, that -million absolutely will be a drop in the bucket. 5836