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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 family of a 19-year-old San Diego State University student who died after falling from his bunk bed and striking his head following a night of drinking has filed a wrongful death lawsuit against several defendants, including the university, the fraternity he was pledging for, and the manufacturer of the bed he fell from.The lawsuit filed last week in San Diego Superior Court alleges Dylan Hernandez was hazed by members of Phi Gamma Delta just prior to his death, and that fraternity members not only failed to obtain medical attention for him after he became extremely intoxicated, but also attempted to hide evidence of misconduct following his fatal fall.Hernandez fell from his bed on Nov. 7, 2019, and died in a hospital the following day.RELATED: Investigation completed into death of SDSU student who died after fall from bedThe lawsuit alleges he attended a "Big Brother, Little Brother" fraternity event that had pledges "screamed at and demeaned, beaten with paddles and hands, and forced to consume shots of vodka and rum to the point of intoxication."Following his hospitalization, the lawsuit alleges Phi Gamma Delta members instructed others to remove incriminating material from their cell phones and in group chats, members were told to "Keep your mouths shut!" and "Just remember, Silence is Golden!"Representatives with Phi Gamma Delta did not respond to a request for comment.RELATED: Autopsy report of SDSU student who died after fall from bed releasedIts national office permanently suspended its SDSU chapter in August and SDSU expelled the fraternity until 2030.In July, it was announced that no criminal charges would be pursued in connection with Hernandez's death, which was ruled accidental. A joint statement released by the university's police department and the San Diego County District Attorney's Office stated there was "no basis" for manslaughter or hazing charges.Investigators said there were no injuries on Hernandez's body "that appeared consistent with hazing, and no evidence of student group activities likely to cause serious bodily injury or death, which is statutorily required to prove hazing." Other than Hernandez's "devastating head injuries," the only other wound to his body was an abrasion on his thigh, officials said.RELATED: San Diego State suspends 14 fraternities after student is hospitalizedOne month after that statement was released, Rob Caudill, the fraternity's executive director, sent SDSU a letter announcing the chapter's closure, stating the SDSU chapter had been found guilty of violating fraternity bylaws, including hazing, drug use and violations related to alcohol misuse.SDSU representatives said the university could not comment as it had not yet seen the lawsuit, but pointed to steps the university has taken to combat hazing activities on campus in the wake of Hernandez's death. These include the formations of two task forces examining student activities and alcohol/substance abuse. Task force recommendations led to the implementation of a Good Samaritan Policy, in which student organizations are encouraged to report concerns about student health and safety, and a Hazing Prevention Task Force that held its first meeting this fall.Hernandez's family alleges SDSU was aware of prior hazing issues involving Phi Gamma Delta and failed to properly discipline the fraternity for such activities. The family alleges SDSU was aware of prior instances when Phi Gamma Delta pledges were hazed or hospitalized for excessive drinking.The family also alleges the school created an unsafe environment in the Tenochca Residence Hall where Hernandez suffered the fatal fall by furnishing its rooms with bunk beds that didn't meet minimum safety standards.In suing SDSU and the bunk bed manufacturer, Foliot Furniture Pacific, the family alleges the beds featured "safety rails" that were defective, and contributed to 550,000 deaths nationwide over a 16-year period and 10 injuries at SDSU between 2017 and 2019. 4015

SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - San Diego County health officials have reported a record 736 new COVID-19 cases Saturday and five more deaths as nonessential businesses moved to outdoor-only when the county went from the red to the purple tier of the state's four-tiered coronavirus reopening plan.The data increases the total caseload since the start of the pandemic to 63,681, with the death toll rising to 926. This is the fourth consecutive day that more than 600 new coronavirus cases were reported by the county.On Wednesday, a record 661 COVID-19 cases were reported in the county - - surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Thursday."We have not seen cases this high in months, and it's a clear indication that COVID-19 is widespread," said Dr. Wilma Wooten, the county's public health officer."These totals also show people are not following the public health recommendations that we know work to prevent getting and passing COVID-19."Wooten added that in the weeks following Halloween, this record case jump is a warning sign people "need to follow public health guidance throughout the upcoming holiday season."This comes as state data has landed the county in the most restrictive tier of the state's COVID-19 reopening plan. The restrictions associated with the purple tier went into effect just after midnight Saturday.Many nonessential businesses are now required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums and cardrooms.The restrictions include closing amusement parks. Bars, breweries and distilleries will be able to remain open as long as they are able to operate outside and with food on the same ticket as alcohol.Retail businesses and shopping centers can remain open with 25% of the building's capacity. No food courts will be permitted.Schools will be able to remain open for in-person learning if they are already in session. If a district has not reopened for in-person learning, it must remain remote only. Offices are restricted to remote work.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities.The county's demotion from the less-restrictive red tier is the result of two weeks of case rates that exceeded the threshold of 7 per 100,000 residents.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.State officials reported Tuesday that San Diego County had an unadjusted new daily coronavirus case rate of 10.0 per 100,000. The adjusted case rate dropped to 8.9 per 100,000. Last week's unadjusted case rate was 8.7 per 100,000.According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.Even as the number of cases continues to climb, the testing positivity rate for the region continues to decline. From last week's data, it dropped to 2.6%, a 0.8% decline. It still remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.3% to 6.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.Of the 14,663 tests reported Friday, 4% returned positive, increasing the 14-day rolling average of positive tests to 3.8%.Of the total number of cases in the county, 4,154 -- or 6.6% -- have required hospitalization and 947 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit.Four community outbreaks were reported Friday. The number of community outbreaks in the past week increased to 48.The county launched a COVID-19 case rate map Thursday showing how cities and communities are being impacted by the novel coronavirus. The interactive map allows users to identify the case rate per 100,000 residents in cities and communities or by ZIP codes.The map also shows where each area falls under the different state tiers and whether their case rate and testing positivity are going up or down. The map can be found at: sdcounty.maps.arcgis.com/apps/opsdashboard/index.html#/e09887e8e65d4fda847aa04c 480dc73f. 4608

SAN DIEGO (CNS) - San Diego County public health officials reported a record-high 1,091 new COVID-19 infections and eight deaths Friday, raising the region's totals to 69,231 cases and 960 deaths.Four women and four men died between Nov. 1 and Nov. 19. Their ages ranged from early 50s to early 90s. All had underlying medical conditions.Friday was the 10th consecutive day more than 600 new coronavirus cases were reported by the county, and the most reported in a single day. On Sunday, 1,087 cases were recorded, 922 were reported Wednesday and 899."The virus is widespread and every element of our community is impacted," said Dr. Wilma Wooten, the county's public health officer. "Now more than ever it is vital that San Diegans avoid gatherings and crowds, wear a face covering when they are out in public and stay home if they are sick."The last seven days have marked the highest daily case counts in San Diego County since the start of the pandemic, with 736 cases reported on Saturday, 833 on Monday and 718 on Tuesday.On Nov. 11, a then-record 661 cases were reported -- surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Nov. 12.A total of 34,021 tests -- a new record -- were reported Friday and 3% of those came back positive, dropping the 14-day rolling average of positive tests to 4.7%The number of COVID-19 cases in the hospital continues to rise, with 440 currently hospitalized in the county and 127 in intensive care -- nearly double the numbers a month ago.Wooten said Anyone hosting a gathering should keep it small, short and safe.Small meaning gatherings should be limited to a maximum of three stable households. Short meaning the gathering should last two hours or less. Safe meaning that people should stay outdoors as much as possible and wear a face covering when they are not eating or drinking.Of the total number of cases in the county Wednesday, 4,329 -- or 6.3% -- have required hospitalization and 981 patients -- or 1.4% of all cases -- had to be admitted to an intensive care unit.Eleven new community outbreaks were confirmed Friday, three in business settings, three in faith-based settings, two in childcare settings, one in a TK-12 school setting, one in a restaurant/bar setting and one in a gym setting. A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.County officials announced Thursday law enforcement will step up COVID- 19 compliance protocols, including education and citations, amid spiking coronavirus cases.Sheriff Bill Gore said Thursday four two-deputy teams will begin making "a full-time commitment" to the county's 18 cities and unincorporated areas, ensuring compliance with public health orders. Several cities have already confirmed they will send officers to assist deputies in their duties, Gore said.The county has issued 52 cease-and-desist orders since Monday, including five Thursday to Alliance MMA and Functional Republic, both in Chula Vista, Crunch Fitness in Serra Mesa, The Element Dance Center in La Mesa and IB Fitness in Imperial Beach. Residents can report egregious violations of the health order on the county complaint line at 858-694-2900 or email SafeReopeningComplianceTeam@sdcounty.ca.gov.Gore said deputies would not be going door-to-door but, rather, follow up on complaints. Education about public health orders will be the first method used, Gore said. Citations could follow."The bottom line is wear those damn masks out there and social- distance," he said.The announcement about increased enforcement measures came on the day Gov. Gavin Newsom announced California counties in the state's "purple" tier will be subject to a curfew prohibiting all "nonessential" activities and gatherings between 10 p.m. and 5 a.m.The "limited Stay At Home Order" applies to all counties in the most restrictive tier of the state's coronavirus monitoring system, purple, which includes Los Angeles, Orange and San Diego counties. The order will take effect at 10 p.m. Saturday and remain in effect until 5 a.m. Dec. 21.California updated its four-tier COVID-19 reopening statistics Monday, with San Diego County among those sinking further into the purple tier of the state's four-tier economic reopening roadmap.The county had a rate of 12.1 new daily coronavirus cases per 100,000 residents, an increase of 2.1 compared to last week. The state-adjusted daily case rate increased to 10.7 per 100,000 population from 8.7 last week.The region has an adjusted rate due to a significant effort to increase the volume of testing. The county officially entered the purple tier and its associated restrictions just after midnight Saturday.San Diego County's rate of positive tests increased from 2.6% last week to 4.3% Tuesday. The health equity metric, which looks at the testing positivity for areas with the least healthy conditions, remained steady at 6.5%.In response to rising cases statewide, Newsom on Monday pushed the vast majority of California counties into the purple tier.With purple-tier restrictions in place, many nonessential businesses were required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums, and cardrooms. 5340