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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) - At least three vehicles were burned Wednesday morning when a carport caught fire in the parking lot of a Mountain View apartment complex, but firefighters prevented the flames from spreading to the apartments nearby, authorities said.The blaze was reported at 5:10 a.m. in the parking lot of an apartment building on Benfield Court, off South 45th Street between Ocean View Boulevard and Imperial Avenue, according to the San Diego Fire-Rescue Department.Firefighters responded and found a carport engulfed in flames along with at least three vehicles in the parking lot, a SDFRD dispatch supervisor said. Crews knocked down the flames within 20 minutes and no adjacent structures were damaged.No injuries were reported.The cause of the fire was under investigation. 792

SAN DIEGO (CNS) - County health officials reported 253 new COVID-19 cases and three new deaths Sunday, raising the region's totals to 38,300 cases and 682 deaths, as some local businesses prepared to re-open indoor operations Monday.Three men in their 80s died. All three had underlying medical conditions.Of the 5,360 tests reported, 5% returned positive. This is one of the two criteria now being used by the state to loosen or tighten restrictions on activities.The 14-day rolling average of positive tests is 3.7%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,775.Of the total positive cases, 3,099 -- or 8.1% -- have required hospitalization since the pandemic began, and 750 -- or 2% -- were admitted to an intensive care unit.County health officials reported two new community outbreaks as of Saturday, bringing the number of outbreaks in the past week to 19. One outbreak was in a health care setting and one in a business setting.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 daysGov. Gavin Newsom released a new state system Friday that sorts counties into one of four tiers based on the extent of the area's COVID-19 outbreak,Restaurants, places of worship, movie theaters and museums will be allowed starting Monday to maintain up to 25% occupancy or 100 people -- whichever is less. Gyms may operate with 10% occupancy. Hair salons, barbershops and nail salons may operate indoors with normal capacity.Dr. Wilma Wooten, the county's public health officer, said the county would follow state guidelines that indicate retail businesses are to be restricted to 50% occupancy.All indoor businesses must still abide by social distancing- and face-covering mandates, as well as having a detailed safe reopening plan on file with the county.Wooten said San Diego County had made it to "tier 2," the only county in Southern California to earn that designation. The county still has a "substantial" COVID-19 presence, but unlike Orange, Riverside, Los Angeles and Imperial counties it is not considered "widespread."The two metrics the state was monitoring in that tier list include an old one -- the percentage of positive tests -- and a new one -- the number of daily new cases per 100,000 people. San Diego County is at 3.8% and 5.8 per 100,000 respectively. To make it to the next tier, the county must show rates of between 2% and 4.9% positive tests and between 1 and 3.9 new daily cases per 100,000 population.Because the county currently exceeds one of those numbers, it cannot start its path to the next tier.County Supervisor Nathan Fletcher said he felt the county was moving too quickly to reopen and should take a more measured response."My concerns are with the size, scope and speed of what is being reopened on Monday," he said. "While there are some lower risk entities that could safely reopen at this point, what we are doing is very similar to what we did in June with a large segment of indoor operations all opening at the same time. This led to a large increase in cases and required new restrictions."But even though I prefer a different path, the decision has been made and I will continue to work tirelessly to help us find a way to slow the spread, support our schools, and continue to help our community through this difficult time," Fletcher said.According to Wooten, there is a 21-day mandatory wait time before any county can move between tiers, and a county must meet the metrics for the next tier for two straight weeks. Also, a county may only move one tier at a time. 3777

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) — An off-duty sheriff's deputy shot in Los Angeles County has died, authorities announced at a Wednesday evening news conference. Deputy Joseph Gilbert Solano, 50, was on life support after being shot in the head in an apparently random attack while waiting at the counter of a Jack in the Box in Alhambra. Rhett Nelson, 30, of St. George, Utah, was arrested Tuesday in 393

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