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reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120

SAN DIEGO (CNS) - County health officials announced Wednesday they received reports of the county's third person to die of flu-related causes since the 2019-20 flu season began.The 80-year-old north county man died Nov. 1, according to the San Diego County Health and Human Services Agency. He had received this season's flu vaccine prior to his death and had additional medical conditions. Health officials received reports of this flu season's first death in August. The county also confirmed 58 flu cases last week, nearly double the 30 confirmed cases from the previous week. County health officials have already confirmed 420 flu cases this season, which corresponds with the county's fiscal year from July 1 to June 30. At this time last flu season, officials had confirmed only 157 cases. RELATED: Health officials stress getting vaccinated for the flu ASAP``The higher number of cases is an indication that influenza activity is increasing in the region,'' said Dr. Wilma Wooten, the county's public health officer. ``If you have not gotten a flu shot, do it now. The vaccine is here and readily available.'' County health officials and the U.S. Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone six months and older, especially in demographics with a heightened risk of serious complications like pregnant women, people with chronic medical conditions like lung disease and people age 65 or older. Residents can take precaution against contracting the virus by frequently washing their hands, cleaning commonly touched surfaces and avoiding contact with sick people. Residents can also get the flu vaccine at local doctors' offices, retail pharmacies and the county's public health centers. RELATED: Vaccine exemption rates among US kindergartners continue to climb, CDC saysA full list of locations offering flu shots can be found at the county's immunization website, sdiz.org, or by calling 211 for the county's health hotline. 1996

SAN DIEGO (CNS) - An SUV struck and killed a 63-year-old woman as she was crossing a street in the Talmadge area, police said Tuesday.It happened around 5 p.m. Monday in the 4600 block of El Cajon Boulevard, between 46th and 47th streets, San Diego police Officer John Buttle said.A 79-year-old man was driving a 2008 Lexus SUV westbound on El Cajon Boulevard near Menlo Avenue when he struck the pedestrian as she was attempting to cross El Cajon Boulevard southbound outside a crosswalk, Buttle said.The woman was trapped under the SUV before crews freed her and took her to a hospital, where she was pronounced dead, the officer said. The victim's name was withheld pending family notification.The SUV driver remained at the scene and intoxication was not believed to have been a factor in the crash, Buttle said. 824

SAN DIEGO (CNS) - County health officials today reported the death of a San Diego County man due to flu complications, bringing this flu season's death toll in the region to seven.The 73-year-old man died due to influenza A complications on Dec. 16, according to the county's Health and Human Services Agency.The man's vaccination status and medical history are still being investigated. The other six county residents who have died this season had additional medical conditions and either weren't vaccinated or their vaccination status was unknown."Influenza can be deadly, especially for the elderly and people with chronic medical conditions," said Dr. Wilma Wooten, the county's public health officer. "Getting a flu shot is the best way to prevent getting sick."At this time last year, 11 county residents had died due to flu complications. Last flu season was the county's worst in nearly 20 years of collecting data, with 342 residents succumbing to flu complications. Residents over the age of 65 with underlying medical conditions accounted for much of that death toll, according to the county.According to the county's weekly flu report for Dec. 16-22, lab- confirmed flu cases rose for the fourth consecutive week, from 290 to 410. That jump is a far cry, however, from the same week last flu season when reported cases spiked to 2,332. To date, 1,339 flu cases have been reported and lab- confirmed this flu season."While we're seeing fewer flu cases this season, everyone 6 months and older should get vaccinated since the flu season could last through April and even May," Wooten said.In addition to residents 6 months and older, county health officials and the Centers for Disease Control and Prevention strongly advise the annual flu vaccination for people with a heightened risk of serious flu complications, like pregnant women, people older than 65 and people with chronic conditions like asthma and diabetes.County residents can get vaccinated at doctors' offices, retail pharmacies, community clinics and the county's public health centers. 2070

SAN DIEGO (CNS) - A pedestrian was fatally struck by a vehicle Wednesday morning in the Midway District, police said.Dispatchers received a call shortly before 5 a.m. from a driver who reported hitting a pedestrian on Sports Arena Boulevard near West Point Loma Boulevard, just south of Interstate 8, San Diego police Officer Scott Lockwood said.The victim, a man believed to be in his 30s, was taken to UCSD Medical Center, where he was pronounced dead, Lockwood said.The driver remained at the scene and cooperated with investigators, but no details about the driver or the vehicle were immediately available, the officer said.The circumstances leading up to the crash were under investigation. 704

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