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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 — When the pandemic hit, hundreds of people living in San Diego's bridge shelters moved into the convention center, where they could spread out. More than six months later, they're still there. And it's the site of a Coronavirus outbreak.This month, 115 people living in the convention center tested positive for the the virus, and have moved to county-supplied hotel rooms for isolation.The remainder of the roughly 800 residents continue to live on site, now a one-stop shop of services including meals, laundry and finding permanent housing.Bob McElroy's Alpha Project is one of the city contractors serving the shelter.“It saved hundreds of people's lives, we couldn't have operated in the close proximity that we were in with the bridge shelters and Golden Hall and other facilities so it saved lives and I can't put a cost on that,” McElroy said.But the cost is now coming under scrutiny.From April through December, the city budgeted million to the convention center shelter, though most of that is via federal and state funds dedicated to COVID or homelessness. The city is now spending .6 million per month to rent the convention center from its own nonprofit.The Union-Tribune reports that in November, the city spent 0 dollars per person per day for about 900 residents, totaling .7 million.Now with the new outbreak, a group is renewing calls to close the center and place the residents in county-secured hotels subsidized with federal money to stop the spread.“We could have kept several hotels open and the staff employed and put the money back into the local community,” said activist Shane Parmely.The county has secured 806 hotel rooms for people to isolate, about a third of which are currently occupied.In a statement, the city said it will continue to work closely with the county to ensure it is providing the best protection and medical care in accordance with public-health guidelines. The statement added comparing hotel rate does not account for the full cost of supportive services it provides at the shelter. 2064

SAN DIEGO (CNS) - A former San Diego County sheriff's deputy who fatally shot a fleeing detainee outside the downtown San Diego jail pleaded not guilty Tuesday to a second-degree murder charge.Aaron Russell, 23, is charged in the May 1 death of 36-year-old Nicholas Bils, who was unarmed and running away from officers when he was shot just outside the San Diego Central Jail, according to the San Diego County District Attorney's Office.The former deputy, who had been with the department for 18 months at the time of the shooting, surrendered to authorities on Monday, according to his attorney, Richard Pinckard.Russell, who resigned from the sheriff's department shortly after the shooting, faces 15 years to life in state prison if convicted of second-degree murder, and up to an additional 10 years if convicted of a firearm allegation.RELATED: Suspect who escaped park rangers' vehicle shot, killed by deputyBils had been arrested by rangers with the California Department of Parks and Recreation for allegedly threatening a ranger with a golf club at Old Town San Diego State Park. He was being transported to the downtown detention facility when he managed to escape from a California State Park Officer's car, according to San Diego police.Deputy District Attorney Stephen Marquardt said Russell fired five times as Bils was running away, striking him in the back, arm and thigh. Iredale said the fatal shot went through Bils' back, lung and heart.Among the officers present during the shooting, Russell was the only one who discharged his weapon, the prosecutor said. In fact, Marquardt said, "No other officer on scene so much as unholstered a firearm to stop Bils from running."The Bils family's attorney, Eugene Iredale, said Bils was at the park that day hitting golf balls for his dog to chase. He said "it appears that when the park rangers approached him," Bills "brandished his golf club and ran away."Iredale alleged that Russell opened fire "with what appears to be calmness and relaxation" as he "began to take target practice on a man who was fleeing."Exactly what prompted the deputy to open fire remains unclear. The DA's Office said there is surveillance footage of the shooting, but it will not be released to the public at this time as it is now evidence in a pending criminal case.RELATED: Deputy who fatally shot escaped detainee resigns from departmentMarquardt said Russell was unjustified in shooting Bils under a recently enacted state law that changed the standard governing when law enforcement officers are justified in using deadly force. Since the beginning of this year, peace officers may only use deadly force "when necessary in defense of human life."Iredale said: "Five years ago or 10 years ago, such a prosecution, no matter how clear the facts were, and no matter how appropriate the prosecution, would have been hard to conceive."District Attorney Summer Stephan, in statement Monday, said her office "reached the decision to file criminal charges following a thorough review of all the objective facts and evidence in this case by specialized prosecutors and investigators in our Special Operations Division.""When a life is taken, we must make decisions based in facts and law, and not ones that are influenced by the status of the accused as a peace officer nor the status of the victim," Stephan said. "These decisions must be made solely in the interest of justice and not based on favoritism nor public opinion. Every person must be accountable under the law."The victim's mother, Kathleen Bils made a statement following Russell's arraignment, in which she said her son "should be alive and be here with us. But he's dead, and my heart cries out that this is not right."She said the months since his death "have been agonizing for my sons, their families, and for me."Bils' older brother, Benjamin Bils, said his sibling "was not a saint, (but) he was not a bad person."He said his brother had run-ins with the police in the past, but "it did not mean he deserved to be shot in the back."Russell was initially held on million bail, but a judge cut the amount in half, agreeing with Russell's attorney that his client was not a flight risk or a danger to the community. Russell was released on bail Tuesday night. "He has based his entire life on the principles of honor and integrity," said Pinckard, who said law enforcement shootings "occur in tense, uncertain, rapidly evolving incidents, where decisions are literally being made in fractions of seconds."Russell is due back in court July 24 for a status conference.An attorney for the family issued the below statement: 4640

SAN DIEGO — A new round of federal stimulus appears to be on the way as San Diego again deals with a coronavirus shutdown order. As it stands, more than 100 thousand San Diegans remain unemployed, as businesses are forced to close or limit their services. The governor's office ordered restaurants to go to takeout only, salons to close and gyms to transition outside. Meanwhile, ICU capacity in Southern California is at 0 percent.The new proposal looks similar to the original, called the CARES Act, which passed in late March. There is, however, a key difference - the direct payments to Americans are cut in half. Unemployed San Diegans will get an additional 0 on their weekly payments starting the week of Dec. 26, lasting through March 14. The prior stimulus bill added 0 per check. Plus, San Diegans who earned up to ,000 in 2019 will get 0 in direct stimulus payments, down from the ,200 in the first bill. "I think it's got to be more," said Alan Gin, economist at the University of San Diego. "This is a really serious situation, businesses are going out of business, and they need a lot more help than what's being provided in this package."But others say they are ready for any help. David Heine, owner of Beumont's and Brockton Villa, recently laid off 42 workers and created a gofundme page to help them. He says the forgivable small business Paycheck Protection Program loans are vital and will seek a second round. "We get SDG&E invoices, we get water invoices, we have to pay our insurance, liability insurance, workers comp, that all continues, so the expenses are extraordinary," he said. Heine said the new loan would give him the confidence to close or transition to takeout only and still have the resources to reopen. 1768

SALEM, Ore. (AP) — Two federal judges have ordered the United States Postal Service to continue to implement "extraordinary measures" to make sure ballots are delivered on-time before the presidential election.A federal judge has ordered the U.S. Postal Service to take "extraordinary measures" to deliver ballots in time to be counted in Wisconsin and around Detroit, including using a priority mail service.Chief U.S. District Judge Stanley Bastian in Yakima, Washington, issued the order on Friday after being presented with data showing on-time delivery of ballots sent by voters were too slow in the battleground states of Michigan and Wisconsin.Washington state Attorney General Bob Ferguson's office says delivery of ballots in the USPS Detroit district, for example, has dipped as low as 57% over the past week. National on-time delivery has been at 93% or higher.This comes on the same day that U.S. District Judge Emmet Sullivan signed an order, which requires the USPS to use the Express Mail network to make sure ballots are "entered close to or on Election Day to their intended destination," CNN reported.In a statement on Friday, the USPS outlined its "extraordinary measures" local post offices would take to accelerate ballots' delivery.CNN reported that processing plant managers send ballots and all local ballots to the provincial election or post office by 10 a.m. Monday and Tuesday by using Express Mail.Reuters reported that local ballots must be processed and delivered to regional post offices the day they arrive or the next morning until Nov. 7. 1581