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SAN DIEGO (CNS) - California restaurant owners from across the state, including San Diego County, filed government claims today seeking refunds of state and local fees assessed during the COVID-19 pandemic, saying public health orders have forced them to shutter their doors or operate under capacity restrictions even as they're charged fees for liquor licenses, health permits and tourism assessments.The claims were filed in San Diego, Los Angeles, Orange, Sacramento and Monterey counties. Claims will also be filed in San Francisco, Fresno and Placer counties, according to the restaurant owners' attorneys.Plaintiffs' attorney Brian Kabateck said, ``Restaurant owners are obligated to pay these government fees just to operate, yet the same government entities who have collected those fees have forced these businesses to close their doors or drastically restrict operations due to the pandemic. We simply want the government to return those fees to those restaurants who followed the law and closed.''The state has 45 days to respond to the claims, which are necessary precursors to a potential class-action lawsuit.The move was supported by the California Restaurant Association, whose president and CEO, Jot Condie, said, ``Even when the restrictions are lifted, the devastating impact on the restaurant industry will extend for years. Restaurants have not received any form of relief. Easing fees would help enable establishments to stay open and keep vulnerable workers employed.'' Restaurants, like many other industries, have been hit hard by the pandemic, leading to the permanent closures of many establishments.A survey by the California Restaurant Association found 63% of responding owners said they have not received rent relief. About 41% said their restaurants could remain economically viable with a 50% indoor capacity limit, which is only permitted in counties within the yellow or orange ``tiers'' in the state's color-coded status system.Kabateck said, ``It's offensive and tone deaf for these entities to enforce these rules and charge fees for licenses and permits these businesses can't use.'' 2131

SAN DIEGO (CNS) - A Lemon Grove man who aimed a laser pointer at a San Diego police helicopter during a police protest this summer is facing a maximum possible sentence of five years in prison following his conviction by a federal jury, the U.S. Attorney's Office said Thursday.Rudy Alvarez, 25, was found guilty by a jury in San Diego federal court late Wednesday for shining a laser at the SDPD chopper around 8:30 p.m. June 4 in the area of 500 University Ave.The U.S. Attorney's Office said Alvarez shined the laser at the chopper multiple times over the course of an hour as he marched with protesters through downtown San Diego.The count of aiming a laser pointer at an aircraft carries a maximum possible sentence of five years in prison and a 0,000 fine. Sentencing is scheduled for Feb. 22.U.S. Attorney Robert Brewer called the result "a very important verdict" and said "This kind of crime could have a disastrous impact if a pilot's sight is compromised. We support the Constitutional rights of free speech and assembly, but the rule of law must be respected. It's there for a reason -- to protect the public and law enforcement from danger."Earlier this year, the U.S. Attorney's Office also charged San Diego resident Stephen Glenn McLeod with the same count for allegedly directing a laser at a San Diego Police Department chopper multiple times during a protest on Aug. 28. His case remains pending with a trial-setting hearing slated for Dec. 18. 1474

SAN DIEGO (CNS) - Authorities Wednesday publicly identified a Chula Vista city employee found slain in his home near Mount Helix.Chula Vista police personnel conducting a welfare check at the request of a co-worker found the body of 38-year-old Kevin Powell in his residence in the 4400 block of Carmen Drive in Casa De Oro shortly after 1 p.m. Tuesday.Because the neighborhood is in an unincorporated area, the San Diego County Sheriff's Department was called in to take charge of the case, said sheriff's Lt. Thomas Seiver.Powell's death has been ruled a homicide, said Seiver, who declined to specify how the victim is believed to have died."The preliminary cause-of-death (finding) is being withheld for investigative reasons," Seiver said.Powell's work supervisor asked police to check on him after he missed several meetings, according to the sheriff's department. 878

SAN DIEGO (CNS) - A Tijuana man and his three adult children were indicted by a federal grand jury for allegedly smuggling hundreds of illegal immigrants across the border for profit, the U.S. Attorney's Office announced Friday.Luis Antonio Mendez-Brahan, 55, remains at large, but his children, Christopher Mendez, 28, and Wendy Monserrath Mendez, 24, both of Wasco in Kern County; and Nancy Jacqueline Suarez, 31, of Madera, were arrested at their homes on Thursday, prosecutors said.Mendez-Brahan is accused of leading the smuggling scheme for nearly a decade, which allegedly operated near the Tecate Port of Entry and "used an ever-changing cadre of spotters, guides and drivers" to move "hundreds of illegal aliens into the United States."Mendez-Brahan is accused of charging between ,000 and ,500 for each person smuggled into the U.S., while his children allegedly used family members in both countries to move the money. Border Patrol investigators tracked financial transactions between Mendez-Brahan's children in the U.S. to money service businesses in Tijuana, according to prosecutors.The four family members are each charged with conspiracy to bring in illegal aliens for financial gain, to transport illegal aliens and to conduct financial transactions with proceeds of specified unlawful activity. Mendez- Brahan is additionally charged with five counts of bringing in aliens for financial gain.His three children made their first appearances in San Diego federal court on Friday. 1509

SAN DIEGO (CNS) - A man who struck a popular local surfer in the head with a carbon fiber paddle in the water at Sunset Cliffs was sentenced Thursday to five years in state prison.Paul Taylor Konen, 34, was convicted last month of assault, with a great bodily injury allegation, for the June 26, 2018, assault on Kevin Eslinger, 56.Eslinger sustained a gash to the back of his head that fractured his skull and caused brain damage, rendering him unable to speak until days after the injury, Deputy District Attorney Matthew Greco said. An emergency room physician said the injury looked "like a hammer blow," the prosecutor said.RELATED: Sunset Cliffs paddle boarder breaks man's skull in waterEslinger, who testified during the trial in somewhat stilted speech, said he tried to explain his condition and the situation to hospital staff and police, but it was "as if someone had their hand over my mouth from the inside."Addressing the court at Konen's sentencing hearing, he said the attack continues to affect his daily life, how he communicates with his wife and swim students at El Cajon Valley High School, and has led to around 0,000 in medical bills. Eslinger said he wishes he could ease the pain and stress of his wife Janae, but "she's reminded of it every time I speak."According to the prosecution, after Konen nearly ran into Eslinger on the water -- forcing him to duck his head in order to avoid being struck by Konen's paddle board -- Eslinger objected to Konen's flouting of proper surfing etiquette.The victim said Konen remarked, "If I can catch a wave, it's mine," then ran into Eslinger's wife and regular surfing partner elsewhere among the waves, knocking her off her board.Eslinger testified that when he paddled out toward the defendant to ask him why he did that, he was struck in the head by an unknown object, which he later came to believe was an intentional blow from Konen's paddle.Konen was arrested the next day when police tracked him down to his father's van. Inside the van was the paddle used to assault Eslinger, still with a strand of hair stuck to a portion of the paddle that appeared damaged, according to Greco. The prosecutor said efforts to match that strand of hair to Eslinger through DNA testing were unsuccessful, because there was no root attached to the stray hair.Defense attorney Brian McCarthy, who maintained during the trial that Konen was simply trying to get away from Eslinger and may have accidentally struck him with the paddle, sought probation for his client.San Diego County Superior Court Judge Robert J. Trentacosta declined to grant probation, citing the extent of Eslinger's injuries and a lack of remorse on Konen's part along with a variety of changing stories from the defendant, including telling one detective that no encounter happened at all, while also telling a friend that Eslinger attacked him and he struck Eslinger in self-defense."I don't get a sense that the defendant either understands or appreciates his actions or the results of his actions," Trentacosta said.However, due to Konen's lack of criminal history, the judge did impose the low term of two years for the assault count, in addition to three years for the great bodily injury allegation.Outside court, Greco said, " It's a good day for the surfing community. It's a good day for the community of San Diego. It's a good day for the beaches to ensure that when people are out in the water, they're safe and they understand that the rules that are on land apply in the ocean and people will be held accountable for assaultive behavior."Eslinger made local headlines in 2005 when he traversed 120 miles paddling from Santa Barbara to Ocean Beach in just over a day. 3719

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