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SAN DIEGO (CNS) - A Utah man who robbed a Carlsbad Motel 6 at gunpoint, then was arrested attempting to re-enter the United States, was convicted of federal robbery and firearm-related charges, the U.S. Attorney's Office announced Wednesday.Lance Lamont Lavert of Salt Lake City, 37, was convicted Tuesday by a San Diego federal court jury for the July 9, 2018, morning robbery of the motel on Paseo Del Norte.Prosecutors said Lavert and his girlfriend asked for a room, but were denied due to a lack of ID.Lavert then pointed a gun at the motel clerk and her manager, demanding money. When the clerk and manager ran, Lavert leapt over the counter, kicked in the door of the bathroom where the clerk was hiding, dragged her back to the cash register by her hair and pistol-whipped her in the head, court documents state.Along with 5 in cash, Lavert and his girlfriend made off with the clerk's car keys and stole the clerk's car, prosecutors said.Lavert was arrested two days later trying to cross the border back into the United States. The revolver he used in the robbery was found in his waistband.In addition to committing the robbery, Lavert was convicted for possession of a gun while having several prior felony convictions, including for arson in Utah and assault with a deadly weapon out of Imperial County, the U.S. Attorney's Office said.Lavert's girlfriend pleaded guilty prior to the trial, according to prosecutors. 1440
SAN DIEGO (CNS) - A woman accused of taking part in the robbery and murder of an East Village businessman inside his flooring-materials store pleaded not guilty Friday to felony charges that could lead to the death penalty if she's convicted.Lorena Del Carmen Espinoza, 34, was ordered held without bail in the slaying of 49-year-old Ghedeer "Tony" Radda of El Cajon.Judge Maureen Hallahan called the defendant "an extreme danger to the community."RELATED: Death of downtown San Diego business owner: Suspect wearing purple wig arrestedDeputy District Attorney Matthew Greco said Espinoza entered Radda's business the afternoon of Oct. 10 wearing a wig and lured the victim to a back room, where he was fatally shot, allegedly by co-defendant Kevin Eugene Cartwright.Cartwright, 51, allegedly took money from the register and he and Espinoza left the Bottom Price Flooring store together, Greco said.A surveillance camera inside the business captured images of the suspected killers -- a man wearing a Halloween-style old-lady mask and a light-skinned woman with long purple hair, possibly a wig.RELATED: Man arrested, female suspect sought in East Village murderEspinoza fled in Cartwright's car and he got away on foot, the prosecutor alleged.Cartwright was arrested Oct. 17 and Espinoza was taken into custody Tuesday.Both defendants are charged with murder and special circumstance allegations of murder during a robbery and murder during a burglary.District Attorney Summer Stephan will decide later if Cartwright and/or Espinoza will face life in prison without the possibility of parole or capital punishment if convicted.Cartwright has pleaded not guilty to the charges with gun allegations.Both he and Espinoza will be back in court Nov. 15 for a status conference. 1787

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) - Four local restaurants and gyms are suing the state and county over its coronavirus restrictions as a shutdown of indoor operations looms for many county businesses.The lawsuit was filed Thursday in San Diego Superior Court on behalf of Cowboy Star Restaurant and Butcher Shop, Home & Away Encinitas, Fit Athletic Club and Bear Republic.The suit comes as San Diego County is slated to shut down indoor operations for nonessential businesses at midnight due to its recent entry into the most restrictive, purple tier of the state's coronavirus reopening plan.The businesses allege that San Diego's increased case numbers are not a result of exposures at restaurants, gyms and other types of businesses that will be impacted by the impending closures. The lawsuit cites recent figures indicating restaurants/bars, retail businesses, places of worship, schools and gyms make up a small percentage of confirmed community outbreaks.San Diego County Public Health Officer Dr. Wilma Wooten recently submitted an adjudication request to the state seeking to have San Diego County remain in the red tier. The request was rejected by the state last week."Penalizing the impacted sectors for case increases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back forth of reopenings," Wooten's request states.The businesses allege in their complaint that they may be forced to shut down permanently if the shutdown is not averted. Each business said it has had to undergo significant closures due to the pandemic, despite abiding by public health orders and implementing safety measures to remain in compliance with the orders. 1708
SAN DIEGO (CNS) - California State Treasurer John Chiang will visit San Diego Tuesday as part of a five-city tour to announce the launch of CalSavers, the state's new retirement savings program.CalSavers will serve as a state-run retirement plan for private-sector workers at companies with five employees or more. State officials boast that accounts provided by the program are portable and paid for by payroll contributions. Gov. Jerry Brown authorized the program's implementation in 2016 and enrollment will open next July.Program guidelines require qualifying employers to enroll their employees in the program within the next five years, but employees themselves can opt out. State officials estimate CalSavers will help roughly 7.5 million California residents save for retirement."CalSavers' goal is to escape a vicious, societal circle, where each successive generation of Americans is on track to retire poorer than the last," Chiang wrote in a March opinion piece in the Orange County Register. "If we continue this trend by doing nothing, the strain on taxpayer funded health and human services likely would undermine the long-term financial stability of our state."The Howard Jarvis Taxpayers Association filed suit against the state in May over the program, arguing it violates federal law to establish a state- run retirement savings program. The case remains pending, but Chiang expressed confidence earlier this month to the Fresno Bee that it lacks teeth.Chiang will be joined by State Assemblywoman Lorena Gonzalez Fletcher, D-San Diego, and AARP California Executive Council Joe Garbanzos at the launch event, which begins at 2:15 p.m. at the State Office Building at 1350 Front St. Chiang also plans to visit Los Angeles, Fresno, Sacramento and San Francisco. 1788
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