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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 motorist was killed when his car was struck by a trolley after he drove past a trolley crossing gate in the Valencia Park area, police said Tuesday.The crash happened around 11:45 p.m. Monday near the intersection of Merlin Drive and Imperial Avenue, east of Valencia Parkway, San Diego police Officer John Buttle said.A 22-year-old man was driving a Toyota Prius southbound on 60th Street toward Imperial Avenue when he drove past trolley crossing arms and was struck by an eastbound trolley, Buttle said. The impact pushed the vehicle about 100 feet down the tracks.The victim, the only occupant of the Toyota, was pronounced dead at the scene, the officer said. The man's name was withheld pending family notification. 749

SAN DIEGO (CNS) - An emaciated dog found Friday in Bandy Canyon remains in critical condition but has shown some signs of improvement, the San Diego Humane Society's animal care staff reported today.A county resident brought the 2-year old male pit bull mix to the Humane Society's Escondido campus after finding him extremely dehydrated and cold, with pressure sores on his hips and knees. Humane Society veterinarians are working to feed and re-hydrate the dog slowly so as not to damage his body in its current fragile state.According to the organization, it could take between seven and 10 days for the dog to turn a corner and begin to recover. Humane Society staff are hopeful that will happen."When I found him he was extremely lethargic and weak,'' said Humane Society Law Enforcement Sgt. Lauren Monreal. "He's since received fluids, some electrolytes and ... even despite his horrible condition, he wags his tail.''The organization's Law Enforcement unit opened a felony cruelty investigation on Friday into the dog's abandonment and who may be responsible. Residents can offer information leading to the responsible party's arrest by calling Humane Society Law Enforcement at (619) 299-7012.San Diego Crime Stoppers is also offering a ,000 for information leading to the person's arrest. Residents can call the Crime Stoppers anonymous tip line at (888) 580-8477 or visit the organization's website, sdcrimestoppers.org. 1441

SAN DIEGO (CNS) -- Hot temperatures are expected Tuesday throughout San Diego County amid a heat wave that will last through Thursday, according to the National Weather Service.High pressure will continue to strengthen through Thursday, causing the mercury to rise in most parts of the county, forecasters said. Temperatures will drop to around average when low pressure arrives on Friday.10News Meteorologist Megan Parry says temperatures are expected to near record highs in San Diego, Chula Vista, El Cajon, Oceanside, Carlsbad, Escondido, Poway, La Mesa, and Vista. Tuesday is set to be the hottest day of the year so far, according to Megan's forecast.RELATED: 10News Pinpoint Weather ForecastA heat advisory will be in effect Tuesday from 11 a.m. to 7 p.m. in coastal areas.Winds out of the east will be calmer than Monday, with wind speeds between 15-25 mph expected and gusts possibly reaching 40 mph.The NWS urged residents to drink plenty of fluids, stay out of the sun and check up on relatives and neighbors.Also, young children and pets should be never be left unattended in a vehicle, with car interiors able to "reach lethal temperatures in a matter of minutes," according to the NWS.High temperatures Tuesday are forecast to reach 91 degrees near the coast, 98 inland, 99 in the western valleys, 91 near the foothills, 86 in the mountains and 100 in the deserts.The mercury in coastal areas is expected to top out in the high-70s to low-80s near the coast and the mid-80s to low-90s inland on Wednesday, while temperatures in the western valleys are forecast to reach the low- to mid- 90s, forecasters said. 1631

SAN DIEGO (CNS) - A jury Monday began deliberating the fate of a man accused of fatally beating a senior citizen and going on a shopping spree with the victim's credit cards nearly two decades ago.Prosecutor Christina Arrollado asked jurors to find 39-year-old Edward Jamar Brooks guilty of first-degree murder.The 71-year-old victim, LeRay Parkins, was found in an alley off the 3700 block of 28th Street on Aug. 23, 2000. He died at a hospital three days later of injuries that included two skull fractures and brain bleeding.According to prosecutors, Parkins was out on a morning walk when he encountered Brooks and co-defendant Lester Bell.Brooks allegedly struck Parkins in the head with a bat, then rifled through the victim's pockets and took his wallet. Purchases were made with Perkins' credit card less than two hours later at a Spring Valley gas station and an Escondido clothing store, according to the District Attorney's Office.A baseball bat was later found at a Spring Valley home frequented by Bell and the getaway driver, Terrence Maurice Brown, but authorities lacked sufficient evidence at the time to arrest the trio for the murder, according to previous court testimony.The three were arrested in different states last summer: Brooks in North Carolina, Bell in Colorado and Brown in Arizona. Brown, 38, recently pleaded guilty to a robbery charge, while Bell, 39, pleaded guilty to voluntary manslaughter. Both men have yet to be sentenced.Brooks "took a baseball bat to the (victim's) skull," and his DNA was found on the victim's short pockets, Arrollado alleged in her closing argument.She said Parkins was a senior on his morning walk to stay healthy, and claims that he was "willing to get into a full-blown fight" with the defendants are false."Instead of coming home healthy and more vibrant, (Parkins) lay dying in alley, choking on this own blood," she told jurors.Arrollado also dismissed claims by Brooks' attorney, Robert Ford, that Bell and Brown were the real culprits who conspired against Brooks."If this is a frame-up job, it's the worst frame-up job in history," the deputy district attorney said. "These three set out looking for victims."Ford countered that if three people are involved in such a crime, accomplices "will say anything to save their own skin -- don't convict Mr. Brooks unless it's based on evidence." That evidence, Ford said, would include DNA on the baseball bat.Brooks admits to taking Parkins' wallet, and DNA evidence supports a robbery -- but not murder, the defense attorney said. Ford said Parkins deserves justice, but the DA's office "cannot prove any malice in the heart of Mr. Brooks.""I hope and pray that each and every one of you will agree on one theory, and that he's not guilty," Ford told jurors. "If he's an innocent man, he should be able to walk out that door."Ford has alleged that Brown actually beat Parkins with the bat and that he and Bell -- two "lifelong friends" who grew up in North Park together -- conspired to blame Brooks, the "odd man out."Ford earlier told jurors that as the three defendants prepared to leave, Brown got into a fistfight with Parkins, which the victim was winning, despite being much older than Brown. He also said his client went to North Park with Bell and Brown on Aug. 23 to buy marijuana, but the dealer was not home. 3344

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