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SAN DIEGO (CNS) - A San Diego-based telemarketer was fined nearly million by the Federal Communications Commission Wednesday for making more than 47,000 robocalls over a two-day period leveling false accusations against a local state Assembly candidate and manipulating caller ID information to appear as though a competitor was making the calls.Kenneth Moser and his company, Marketing Support Systems, were fined ,997,750 for making the calls on May 30 and May 31, 2018, about one week prior to the primary election, in which Philip Graham unsuccessfully sought to represent the 76th Assembly District.Shortly before the primary, a woman accused Graham of kissing her against her will in an Encinitas bar, triggering a sheriff's department investigation that concluded the claim was unfounded. Nichole Burgan, the woman at the heart of the allegation, later pleaded guilty to filing a false report.According to the FCC, the robocall messages repeated Burgan's claim and caller ID information was manipulated to make the calls appear as though they originated from another telemarketing company, HomeyTel, described as a competitor to Moser's company. As a result, HomeyTel received "a multitude of angry complaints" from people who received the calls, as well as a cease-and-desist letter from Graham, according to the FCC.The agency said 47,610 robocalls were made during the two-day period, with multiple calls sometimes sent to the same recipients.The calls violated the Truth in Caller ID Act prohibiting manipulation of caller ID information -- otherwise known as spoofing -- with the intent to defraud, cause harm or wrongfully obtain anything of value, according to the FCC. 1697

SAN DIEGO (CNS) - A regional stay-at-home order in effect in San Diego County and across Southern California due to surging COVID-19 hospitalizations is expected to be formally extended Tuesday, continuing a ban on all gatherings of people from different households and strict capacity limits at many businesses.The order, which covers an 11-county Southern California area, took effect at 11:59 p.m. Dec. 6 and was set to expire Monday. But with the region's intensive-care unit capacity at hospitals still effectively listed at 0%, Gov. Gavin Newsom said the order is all but certain to be extended."It is clear and understandable that it's likely those stay-at-home orders will be extended," Newsom said.A formal announcement had been expected Monday, but Newsom said the state was still compiling hospital and case data, and completing hospital-demand projections for the next four weeks."When we conceived of this framework, we are looking at projections four weeks out," he said. `We are looking at current case rates, positivity rates, looking at the community surveillance that we're doing and anticipating abased upon our modeling where that growth will be over a four-week period.He noted, however, that based upon large number of people who appeared to have ignored warnings against travel over the Christmas holiday -- and those who will likely so do over the upcoming New Year's holiday, the state is bracing for a "surge on top of a surge, arguably on top of, again, another surge."He said the official announcement on extending the order will be made Tuesday by Dr. Mark Ghaly, the state's Health and Human Services secretary.Newsom noted that COVID hospital admissions have begun to plateau across much of the state -- with the exception of Southern California, with Los Angeles, Riverside and San Bernardino counties continuing to be the hardest hit.Los Angeles County has rapidly become the epicenter of the pandemic in the state, with the state reporting more than 7,100 COVID-19 patients in hospitals, including more than 1,400 in intensive-care unit beds. Newsom said 96% of Los Angeles County hospitals diverted ambulances to other facilities at some point over the weekend due to overcrowding in emergency rooms -- up from a normal average of 33% of hospitals going on diversion.According to the governor, Los Angeles County hospitals on average spent 16 hours on diversion over the weekend, unable to find space for emergency patients.The Southern California region covers Los Angeles, Orange, Riverside, San Diego, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties. Most broadly, the order bars gatherings of people from different households.Under the order, the following businesses/recreational facilities were forced to close:-- indoor recreational facilities-- hair salons and barbershops-- personal care services-- museums, zoos, and aquariums-- movie theaters-- wineries-- bars, breweries and distilleries-- family entertainment centers-- cardrooms and satellite wagering-- limited services-- live audience sports-- amusement parksSchools with waivers can remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants are restricted to takeout and delivery service only. Hotels are allowed to open "for critical infrastructure support only," while churches would be restricted to outdoor only services. Entertainment production -- including professional sports -- would be allowed to continue without live audiences.Four of the five regions carved out by the state are under stay-at-home orders, covering 98% of the state's population. Only far northern California is not under a stay-at-home order.The order was triggered in each area when the region's ICU bed availability dropped below 15%. In some counties, the official ICU bed availability of 0%. That percentage does not mean that there aren't any ICU beds available, since the state adjusts the number based on the ratio of COVID- 19 patients being housed in the units.Newsom again had harsh words for counties and county officials who continue to "thumb your nose" at health orders. He singled out Riverside County, where Sheriff Chad Bianco has publicly criticized Newsom and said his agency would not be "blackmailed" into becoming an enforcement arm of state health officials.Newsom has said repeatedly that counties that don't adhere to health restrictions would lose state funding."We're in the midst of a pandemic," Newsom said. "I don't know what more evidence you need, particularly, as highlighted, Riverside County is experiencing what they're experiencing in ICUs and hospitals and lives lost. I mean, what more evidence do you need that trying to enforce good behavior will actually save lives? It's a noble and right thing to do. To dismiss as many have in the past and some of the same folks ... some still holding onto this as a hoax or face coverings don't matter. ... They're not helping. They're not advancing that cause, and so we will be assertive as we have been, we will be aggressive, as we have been."Bianco, in a video message posted online earlier this month, called state health mandates "flat-out ridiculous," while calling Newsom's stances hypocritical in light of his criticism of the federal government for withholding funds from states, and following Newsom's well-publicized attendance at a dinner party in spite of his own regulations against such gatherings.Bianco told residents in his message to wear a mask and practice social distancing, but said, "While the governor's office and the state has threatened action against violators, the Riverside County Sheriff's Department will not be blackmailed, bullied or used as muscle against Riverside County residents in the enforcement of the governor's orders." 5843

SAN DIEGO (CNS) - A San Diego Padres player has tested positive for coronavirus as the team begins their Summer Camp workout at Petco Park.A.J. Preller announced at a news conference Friday that one player, Tommy Pham, tested positive for coronavirus. According to Preller, Pham is asymptomatic and is currently in isolation. Preller added that the team has followed contract tracing and MLB guidelines for the case. The Padres joined the rest of Major League Baseball in choosing to hold Summer Camp at their home stadiums.Teams' players, other on-field personnel, medical personnel and other essential employees, including front-office officials, were required to complete the intake screening procedures, which included a temperature check with contactless thermometer administered by a representative of the club's medical staff; a body fluid sample (saliva or oral/nasal swab) for diagnostic/PCR testing and a venous blood collection or dried blood spot sample for serology/antibody testing.Both the body fluid sample and venous blood collection or dried blood spot sample for serology/antibody testing were collected by a representative of Comprehensive Drug Testing, which conducts collections for MLB's Joint Drug Prevention and Treatment Program and other MLB drug programs.Players and other staff who are in Tiers 1 or 2 will be tested for the coronavirus every other day. Players will receive temperature and symptom checks twice per day. Antibody testing will be conducted once per month.A covered individual who tests positive for the coronavirus will not be allowed to travel (except as authorized by club medical staff and the Joint Committee), access any team facility, or have direct contact with any other covered individual or other club staff (other than medical staff) unless and until each of the following occurs:-- the individual tests negative on two separate confirmatory tests performed by the Sports Medicine Research and Testing Laboratory taken at least 24 hours apart-- the individual has been not feverish for at least 72 hours without the use of any fever suppressant, and any respiratory symptoms have improved, as confirmed and documented by his or her treating physician or club medical staff-- the individual completes at least one antibody test following the positive diagnosis-- at the discretion of the team physician, a cardiac evaluation is conducted in accordance with published standards-- the individual's team physician, any treating physician caring for the covered individual, and the Joint Committee all conclude that the individual no longer presents a risk of infection to others and is healthy enough to return to his or her usual professional responsibilities, in accordance with guidance from the Centers for Disease Control and Prevention-- any local regulations or requirements are satisfiedModifications for the 2020 season intended to reduce the spread of the coronavirus include prohibiting spitting at all times in team facilities.The 2020 Major League Baseball season -- shortened to 60 games instead of the usual 162 -- is scheduled to begin on July 23, and end on Sept. 27. The postseason is scheduled to begin on Sept. 29.The Padres will play their games against teams in the National League West and American League West.With all games expected to be played without fans in attendance, the Padres are considering hosting drive-in viewing parties in the Lexus Premier lot just outside of the stadium. 3472

SAN DIEGO (CNS) - Lab-confirmed flu cases increased countywide last week for the second consecutive week, county health officials announced Wednesday.The county Health and Human Services Agency confirmed 74 flu cases, an increase of 22 cases over the revised 52 confirmed the previous week. The county confirmed 30 cases during the week of Oct. 20-26.County health officials have confirmed 475 flu cases to date since tracking for the 2019-2020 flu season began July 1. At this time last year, the county had only confirmed 190 cases.RELATED: Third patient dies of flu this season in San DiegoHealth officials have also confirmed three deaths from flu-related causes this flu season."We're seeing a steady increase in flu cases in recent weeks, a sign that influenza activity in the region is growing," said Dr. Wilma Wooten, the county's public health officer. "The best protection against influenza is getting a flu shot."County health officials and the U.S. Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially in demographics with a heightened risk of serious complications, such as pregnant women, people with chronic medical conditions like lung disease and people age 65 or older.RELATED: Health officials stress getting vaccinated for the flu ASAPResidents can take precautions against contracting the virus by frequently washing their hands, cleaning commonly touched surfaces and avoiding contact with sick people.The flu vaccine is available at local doctors' offices, retail pharmacies and the county's public health centers. A 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.RELATED: Vaccine exemption rates among US kindergartners continue to climb, CDC says 1862

SAN DIEGO (CNS) - A teenage boy who shot his father five times in the master bedroom of the family's Scripps Ranch condominium last year, then fired another shot through the door of another bedroom, where his mother and half- brother had barricaded themselves, will be remanded to a juvenile detention facility for as much as nine years, a judge ruled Friday.The 16-year-old defendant was tried as a juvenile and found guilty last month for the April 29, 2018, killing of 46-year-old Thanh "Sonny" Pham, as well as the attempted murder of his mother.According to prosecutors, juvenile court sentencing guidelines dictate that the boy can be held in custody until he is 25, though he could be paroled earlier than that.Superior Court Judge Louis R. Hanoian said the sentence for the convicted counts would have the boy facing a 67-year-to-life prison sentence had he been of age.RELATED: Man dead after shooting in Scripps Ranch; 15-year-old son arrestedDuring the boy's bench trial, Deputy District Attorney Mary Loeb said the teen ambushed his father, using Pham's own Glock pistol, then came "storming out of the bedroom with the gun" and began scoping the unit for his mother and half-brother, who had taken refuge inside his sibling's bedroom. Loeb said the gun was empty after the youth fired on his father, and he had to return to the bedroom to reload so he could "continue on this rampage."Defense attorney Mary Ellen Attridge argued that the killing was committed in self-defense, following years of routine physical abuse at Pham's hands. The juvenile testified that Pham often struck him as a form of discipline, including once just minutes before the shooting, knocking him briefly unconscious. He also said that Pham once shoved his mother out of a moving vehicle and his family members also testified that Pham was abusive with them and the boy.Following the shooting, the boy, then 15, fled from the condo on foot before police arrived, but was arrested about 1 a.m. the following day, roughly two miles from his home, after someone spotted him on Scripps Poway Parkway near Interstate 15. He had the handgun in his waistband and dozens of rounds of ammunition in his backpack when taken into custody, according to police.RELATED: Teen denies killing father in Scripps Ranch homeHanoian ruled that there were true findings -- the equivalent of guilty verdicts -- for murder and attempted murder, as he felt the evidence did not support claims that Pham was "a violent ogre" and "a sadistic abuser" as he felt Pham had been portrayed by the defense.During Friday's dispositional hearing -- the juvenile court equivalent of a sentencing hearing -- attorneys argued over what type of custody was more appropriate to provide the boy with proper treatment and rehabilitation.Loeb argued to have the boy placed in one of two state youth correctional facilities -- either in Stockton or Camarillo -- while Attridge sought to have the boy placed in a less-restrictive youth program in Otay Mesa, where his family could more easily visit him for the purposes of facilitating family therapy. Attridge also said she will file a notice of appeal on the boy's behalf.Hanoian ruled that the Department of Juvenile Justice's facilities provided a more thorough program to assist the boy in terms of his mental health, educational opportunities -- including college courses and career technical education -- , and rehabilitation."We need to get (the boy) up and running. We need to have him become a productive member of society and we need to give him the training, the education, and the skills and the therapy that's necessary," Hanoian said.The judge said that he did consider concerns over a lack of face-to- face family therapy with the boy housed outside of San Diego County, but said that technological means like video conferencing would allow him to undergo that therapy with family members.The boy did not make a statement during the hearing, but Attridge said he "is very remorseful about what happened here. It has changed his family's entire life and it has changed his life and he regrets having done anything to end his father's life."She also said that upon his release, she believed "he will be somebody who will never recidivate" and will leave custody "a better person, a more mature person and a nonviolent person."Pham's younger sister, Catherine Wright, said her brother was "confident, charming, funny, athletic and intelligent," a good brother to her, a good uncle to her daughter, and their parents' pride and joy.Wright said the depictions of her brother as an abuser pained her greatly and the fact that he'd been killed by his own son made it "easier to tell people that he died of a heart attack."Just as Pham had meant everything to their dad, Wright said the defendant meant everything to her brother."I cannot imagine a more horrible death for Sonny to suffer. I'm haunted by thoughts of Sonny laying on the floor in pain, gutted not just by his physical wounds, but in the realization that his firstborn son, his only son, turned on him and shot him," Wright said.She said she was not yet able to forgive the boy, but that her brother would have wanted to have his son "to have the opportunity to heal what is broken inside of him. He would want his family to be safe and loved." 5320