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SAN DIEGO (CNS) - The Kmart store in Spring Valley is among 46 unprofitable outlets slated to start closeout sales this week, according to an announcement from the Sears Holding Corp.Five stores in California are among the 12 Kmart and 33 Sears stores slated to close by November. This includes the Kmart store at 935 Sweetwater Road in Spring Valley.The other California closures are Kmart stores in Los Angeles, Antioch, and Clovis and a Sears in Santa Cruz.Sears Holding Corp. owns both the Sears and Kmart chains. The 125-year-old retailer has closed hundreds of stores in recent years to improve its bottom line."We continue to evaluate our network of stores, which is a critical component to our integrated retail transformation, and will make further adjustments as needed," the company said in a statement.This latest announcement comes just days after Lowe's announced it is closing all of is Orchard Supply Hardware stores five years after purchasing the chain out of bankruptcy from its previous owner, Sears Holdings Corp.The latest Sears and Kmart liquidation sales are expected to begin Thursday, Aug. 30. 1127

SAN DIEGO (CNS) - The city of San Diego obtained a preliminary injunction Tuesday against grocery delivery company Instacart, in the wake of a judge's ruling that the company misclassified its employees as independent contractors.San Diego County Superior Court Judge Timothy Taylor's ruling stems from a lawsuit brought by San Diego City Attorney Mara Elliott, who alleged Instacart was evading providing its "shoppers" with worker protections like minimum wage and overtime pay by classifying them as independent contractors rather than employees.In the ruling, which was issued Feb. 18, but not formally served to the parties until this week, Taylor agreed with the City Attorney's Office's assertion that Instacart would not be able to show its workers should be classified as independent contractors.RELATED: San Diego Instacart shoppers upset over service’s pay changesThe judge cited a state Supreme Court ruling in the case of Dynamex Operations West Inc. v Superior Court, which outlines an "ABC" test for determining whether a worker is an employee, a classification that applies if the person performs a core function of the business, is not free from its control, or is not engaged in an independently established trade, occupation or business.Taylor wrote that Instacart would likely be unable to satisfy any of the test's three conditions.The judge also wrote that the city's litigation against Instacart was in line with other recent, related decisions, including the recent passage of AB 5, which gives greater labor protections to workers classified as employees."The policy of California is unapologetically pro-employee (in the several senses of that word). Dynamex is explicitly in line with this policy," Taylor wrote. "While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have no spoken on this issue."The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the legislature. The legislature passed AB 5 last fall. The governor signed it. To put it in the vernacular, the handwriting is on the wall."Instacart plans to appeal the decision, which the company said would not affect its operations in San Diego, due to a temporary stay of enforcement during the appeals process."We disagree with the judge's decision to grant a preliminary injunction against Instacart in San Diego," Instacart said in an emailed statement. "We're in compliance with the law and will continue to defend ourselves in this litigation. We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction and we will be taking steps to keep that stay in place during the appeals process so that Instacart's service will not be disrupted in San Diego."Elliott's office touted the ruling as a victory for worker protections."This landmark ruling makes clear that Instacart employees have been misclassified as independent contractors, resulting in their being denied worker protections in which they are entitled by state law. We invite Instacart to work with us to craft a meaningful and fair solution" Elliott said."This decision is also a warning to other companies to do right by their employees. As the court said, `The handwriting is on the wall.' California has had two years since the Supreme Court's Dynamex decision to distinguish between a contactor and an employee. Everyone, not just Instacart, must live up to their legal responsibilities; they cannot ignore the significance of what occurred here." 3686

SAN DIEGO (CNS) - The Port of San Diego's Board of Port Commissioners announced its approval Thursday of a 15-year extension for the San Diego Symphony Association's lease at Embarcadero Marina Park South. The lease, approved Wednesday, includes three 10-year options and one five-year option, allowing the association to lease the park for up to 50 years. The association currently uses the park land for its Bayside Summer Nights concert series, which it started in 2004. The concert series is held on a temporary stage that is assembled and disassembled each year. Later this year, the association hopes to break ground on the Bayside Performance Park project that would include construction of an open-air performance venue with seating for 10,000 as well as various improvements to park features like benches and basketball courts. The new venue also would serve as the permanent location for Bayside Summer Nights. ``The San Diego Symphony is investing a minimum of million in improvements, including many public amenities and better performance facilities, creating a new, year-round attraction on the San Diego Bay waterfront,'' Board Chairman Garry Bonelli said. ``We're confident concert-goers will love the improved access and state-of-the art stage and sound system, and bayfront visitors will love the new and improved part.'' The stage will be designed by London-based company Soundforms, according to the association. The stage will be feature an acoustically engineered shell made of tensile white fabric and will complement the look of the nearby San Diego Convention Center. The venue will remain open to the public year-round as part of Marina Park South. ``I want to recognize the incredible partnership that has existed over the past four-and-a-half years between the Port of San Diego, the California Coastal Commission and the San Diego Symphony Orchestra,'' San Diego Symphony CEO Martha Gilmer said. ``The work we have accomplished together to create and activate a public performance park will be transformative and have lasting impact to San Diego residents and visitors.'' The lease extension is the last major step in the project's approval process, according to symphony officials. With the extension complete, ground-breaking on the project may happen by September. 2308

SAN DIEGO (CNS) - On Tuesday park rangers recovered the body of a San Diego man who fell from a cliff at Sequoia National Park last weekend.Anton Dokov, 29, slipped on a hiking trail in the Watchtower area above Tokopah Valley and slid over a sheer precipice on Sunday, according to Sintia Kawasaki-Yee, spokeswoman for the Central California nature preserve."Rangers responded that same day, but dangerous ice and snow conditions with a very steep slope meant they had to turn around,'' Kawasaki- Yee said. "The next day, park rangers were able to find the body, but were unable to retrieve it due to the complexity and technical aspects of the 653

SAN DIEGO (CNS) - Police Sunday identified a 24-year-old man who was fatally wounded in a shooting in Emerald Hills on Wednesday.The victim was identified as Gai Wal, who died of his wounds in the early morning on Friday, according to Lt. Matt Dobbs of the San Diego Police Department.At 5:51 p.m. Wednesday, police received a ShotSpotter activation in the area of 6100 Imperial Ave. It was soon followed by a second ShotSpotter activation near 6300 Imperial Ave. The SpotShotter is a device used by police to locate and alert whenever it detects the sound of gunshots.When patrol officers arrived on the scene, they found a man down in the parking lot of a business with an apparent gunshot wound to his upper body, Dobbs said.The officers rendered aid to the man, who was transported to a local hospital in critical condition, the lieutenant said. He was pronounced dead on Friday.Homicide investigators were called to the scene and searched for evidence and witnesses to the assault.At of Sunday, there was very little known about the circumstances surrounding the shooting.Anyone with information regarding the shooting was asked to call the homicide unit at 619-531-2293 or Crime Stoppers at 888-580-8477. 1218