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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 this weekend reported 310 new COVID-19 cases and no additional deaths, raising the region's totals to 10,794 cases while the death toll remained at 338.The number of COVID-19 tests reported to the county Saturday was 4,413, with 7% positive new cases. The 14-day rolling average percentage of positive tests is 2.8%.As of Sunday, the number of cases requiring hospitalization was 1,619 and the number admitted to an intensive care unit was 449.The largest portion of cases, 2,152, have been found in residents age 20 to 29 years old. The second largest portion of cases, 2000, is among residents 30 to 39.Personal care businesses such as skin care and waxing salons, tattoo parlors, massage therapists and nail salons were allowed by the county to reopen Friday.Community-transmitted COVID-19 outbreaks have activated one of the county's public health triggers, placing a pause on any additional openings allowed by the state."We continue to implore the public to wear facial coverings and avoid having gatherings at your home," San Diego County Supervisor Nathan Fletcher said.After public health officials Thursday reported eight community- transmitted outbreaks in San Diego County in the past week, Fletcher said any further openings allowed by Gov. Gavin Newsom wouldn't be implemented until numbers go down.As part of the 13 public health triggers announced earlier this month, the county could take industry-specific actions, pause all reopening efforts or even dial back reopenings if enough of the metrics rise above a certain threshold. The threshold for community outbreaks -- defined as three or more lab-confirmed cases from different households -- was fewer than seven in a week's span.Two new community outbreaks were reported Friday, offsetting three outbreaks which "fell off" the county's one-week rolling monitoring period. The total number of outbreaks in a community setting is now at seven, which keeps the metric at a caution level.Fletcher did not report where exactly the new outbreaks occurred, and he said doing so would "undermine" cooperation the county was receiving from businesses and other locations to report COVID-19 outbreaks.Wooten, suggesting how long the COVID-19 pandemic could impact the region, said it may not be safe for people to have gatherings at their homes "until sometime next year," a far cry from the mid-March hopes of flattening the curve and ending the pandemic."With the reopenings, people think we can go back to the pre-COVID existence, and we cannot," she said.The county launched an interactive website early last week that allows residents to find COVID-19 testing locations near them. The website can be found at 211sandiego.org. 2752

SAN DIEGO (CNS) - Police Saturday were asking for the public's help in locating an elderly woman who went missing from her son's Mira Mesa home.Martha Carrington, 83, was seen leaving her son's apartment in Casa Mira View, east of Westview Parkway and north of Mira Mesa Boulevard, between 10:30 p.m. Friday and 2 a.m. Saturday, San Diego police said.Carrington suffers from schizophrenia, high blood pressure and the early stages of Alzheimer's disease, officers said.Her family doesn't believe she took any money with her, and she has no cell phone.Carrington was described as black and about 5-feet-8-inches tall. She was last seen in blue pajamas, but it's possible she changed clothes before leaving, police said.Officers asked anyone with information on the incident to call the San Diego Police Department at (619) 531-2000. 839

SAN DIEGO (CNS) - Parks in Vista will be closed starting Monday in an attempt to limit the spread of coronavirus by encouraging social distancing.The North County city announced the decision on Sunday and had 10 confirmed cases of COVID-19 as of Saturday.The closures include all parks, trails, public restrooms, the South Buena Vista off-leash dog area, athletic fields, basketball courts, pickleball courts, playgrounds, skate parks and tennis courts.Carlsbad, Del Mar, Encinitas, San Diego, Solana Beach, Imperial Beach and the Port of San Diego closed all beaches, trails and parks in their respective cities early last week.San Diego County health officials reported Sunday that five food handlers have tested positive for COVID-19 -- four restaurant employees and a grocery store employee.County Supervisor Nathan Fletcher announced during Sunday's briefing on the coronavirus pandemic that no patients had died in the last 24 hours, leaving the death toll in San Diego County at seven.The county also announced 31 positive COVID-19 cases Sunday, bringing the total number of cases to 519.The highest group of cases, 130, ranged in age from 30-39 and the second highest, 107, in the 20-29 age range.Of the 519 total cases, 219 were female and 298 were male, with 106 people hospitalized and 47 in intensive care, officials said.The grocery store employee who tested positive is from an Albertson's store in Escondido, Fletcher said, adding that the store did the right thing by closing, alerting county environmental health officials, following sanitation protocols, then re-opening to customers."If you have a sick worker, they must stay home," Fletcher said, urging employers to call 858-505-6814 to report any sick workers.Dr. Eric McDonald, the county's medical director of epidemiology, said co-workers of the Albertson's employee who display any symptoms of the coronavirus infection will be sent home, but there are no tests pending in this case.Health officials also stressed that there is no evidence of COVID-19 association with food. They cited the U.S. Centers for Disease Control and Prevention guidelines.Fletcher said that the county is increasing inspections of the many food facilities in the region.Ralphs grocery stores in the county will expand services hours starting Monday. It will be open from 6 a.m. to 7:30 a.m. for senior shoppers age 60 and above, and from 7:30 a.m. to 10 p.m. for the general public.Meanwhile, a Celebrity cruise ship will dock in San Diego Monday."The health of the ship is excellent right now," McDonald said Sunday. County health officials are in continuous contact with the ship's crew for any sign of symptoms, he said.McDonald said 17 cruise passengers are from San Diego County and they will go straight home after disembarking from the ship and will self-quarantine for 14 days. About 1,500 other passengers are from outside the county and they will travel home and self-quarantine after disembarking.Fletcher said a positive meeting was held recently with all hospital CEOs in San Diego where they discussed obtaining more personal protective equipment, the sharing of testing equipment among hospitals and increasing hospital bed capacity.McDonald explained that the number of test results reported may decrease because the labs send those reports to the county electronically and the system is down on the weekends."So, we expect the test result numbers to go down," McDonald said.The doctor also said the risk of contracting the coronavirus disease can increase from vaping and smoking."Any lung disease or condition would put you at risk," McDonald said. "We don't have specific cases so far, but our strong recommendation is to use this opportunity to quit."Fletcher also said the county is issuing a new public health order, extending indefinitely all closure orders that were set to expire March 31.The closure order applies to schools, nonessential businesses, restaurants, gyms and fitness centers, he said, and anyone 65 or older should continue to quarantine themselves at home. 4058

SAN DIEGO (CNS) - Playgrounds in San Diego County can reopen to the public Wednesday, despite initially being closed under COVID-19 restrictions, after state health officials reversed course.Assemblywoman Lorena Gonzalez, D-San Diego, led a group of a dozen legislators who sent a letter to Gov. Gavin Newsom last week urging him to remove playgrounds from the stay-at-home order. They claimed opening playgrounds "is necessary for the mental and physical health of children to have opportunities to expend their physical energy and play." They also noted that in some low-income neighborhoods, "families may have little to no outdoor space of their own available."Newsom and the California Department of Public Health revised statewide public health guidelines on Wednesday to allow for public playgrounds to remain open."Every parent knows how important playgrounds are for our youngest Californians," Gonzalez said. "A huge thank you to Governor Newsom for hearing our collective concern and rethinking how we can open play structures for our kids."Playgrounds were closed earlier in the pandemic before being reopened in September. Then, with a spike in case rates and the state's issuance of a regional stay-at-home order, which took effect late Sunday night across all of Southern California, playgrounds closed again.Pressure from parents and legislators have now caused the state to reopen the playgrounds.According to the state's website, "playgrounds may remain open to facilitate physically distanced personal health and wellness through outdoor exercise. Playgrounds located on schools that remain open for in-person instruction, and not accessible by the general public, may remain open and must follow guidance for schools and school-based programs."San Diego County Supervisor Jim Desmond made a motion at the Board of Supervisors meeting Tuesday to defy the state order and not enforce the playground closure. It was rejected 3-2.Supervisor Nathan Fletcher said his conversation with state officials proved productive, and gave credit to Gonzales -- his wife -- for her work."Kids in San Diego County can now enjoy local playgrounds. This is something that can be done safely and make the lives of families easier," Fletcher said. "My conversations with California Governor Gavin Newsom and Secretary Dr. Mark Ghaly worked, and I appreciate their partnership on this adjustment.""Thank you to everyone who worked cooperatively with the state, to bring about this adjustment, our collective efforts made a difference, special shout out to my wife, supermom, Assemblywoman Lorena Gonzalez," he said. 2621