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SAN DIEGO (CNS) - In a ruling stemming from a lawsuit brought the city attorneys of San Diego and two other cities and the state, a federal judge today granted a preliminary injunction against ride-hailing companies Uber and Lyft, requiring them to classify their drivers as employees rather than independent contractors in accordance with a new state law.San Francisco-based Judge Ethan P. Schulman ruled in favor of California Attorney General Xavier Becerra, and the city attorneys of San Diego, Los Angeles and San Francisco in their lawsuit alleging Uber and Lyft have misclassified their drivers, preventing them from receiving ``the compensation and benefits they have earned through the dignity of their labor.''The suit alleges the companies are violating Assembly Bill 5, which went into effect Jan. 1 and seeks to ensure ``gig workers'' misclassified as independent contractors are afforded certain labor protections, such as the right to minimum wage, sick leave, unemployment insurance and workers' compensation benefits.Both companies issued statements indicating they would appeal the ruling, which is scheduled to go into effect in 10 days.Schulman wrote in his ruling that ``both the Legislature and our Supreme Court have found that the misclassification of workers as `independent contractors' deprives them of the panoply of basic rights and protections to which employees are entitled under California law, including minimum wage, workers' compensation, unemployment insurance, paid sick leave and paid family leave.''The judge said that under the ``ABC test'' used to determine whether a worker is an employee or an independent contractor, the companies would not be able to argue their drivers are independent contractors as they perform work that is within the company's usual course of business.Schulman recognized that the injunction could have major impacts for the companies, as well as some drivers who prefer to remain independent, and wrote that ``if the injunction the People seek will have far-reaching effects, they have only been exacerbated by Defendants' prolonged and brazen refusal to comply with California law.''The campaign for Proposition 22, a proposed ballot initiative sponsored by Uber and Lyft that would allow rideshare drivers to work as independent contractors, decried the ruling.``We need to pass Prop 22 more than ever,'' said Jan Krueger, a retiree who drives with Lyft in Sacramento. ``Sacramento politicians and special interests keep pushing these disastrous laws and lawsuits that would take away the ability of app-based drivers to choose when and how they work, even though by a 4:1 margin drivers want and need to work independently.We'll take our case to the voters to protect the ability of app-based drivers to work as independent contractors, while providing historic new benefits like an earnings guarantee, health benefits and more.''San Diego City Attorney Mara W. Elliott called the ruling ``a milestone in protecting workers and their families from exploitation by Uber and Lyft, I'm proud to be in this fight to hold greedy billion-dollar corporations accountable, especially when a pandemic makes their withholding of health care and unemployment benefits all the more burdensome on taxpayers.''AB 5's author, Assemblywoman Lorena Gonzalez, D-San Diego, said, ``Uber and Lyft have been fighting tooth and nail for years to cheat their drivers out of the basic workplace protections and benefits they have been legally entitled to. They have enriched their executives and their bottom line, while leaving taxpayers on the hook to subsidize the wages and benefits of their drivers.``Today, the court sided with the People of California. I'm thankful to our Attorney General and city attorneys for demanding justice for the hundreds of thousands of rideshare drivers in California.'' 3862
SAN DIEGO (CNS) - A man who allegedly gunned down another man during an altercation in Lincoln Park pleaded not guilty today to a murder charge. Michael Ortiz, 31, is accused in the Nov. 7 killing of 25-year-old Eziquio Ruiz-Saucedo of National City. Ortiz faces 50 years to life in state prison if convicted of murder and an allegation of discharging a firearm in the killing.Police received reports just after 9 that night of gunshots fired in the parking lot of a shopping center at 300 Euclid Avenue, SDPD Lt. Andra Brown said. According to the lieutenant, the men were involved in a physical fight and at some point, a handgun was brandished and both men were shot.At Ortiz's arraignment, Deputy District Attorney Jeff Dort alleged that Ortiz brought a gun to ``what was probably going to be a fistfight.'' The prosecutor said Ortiz was shot with the same gun used to shoot the victim, but did not elaborate on how that occurred.Ruiz-Saucedo died at the scene, and Ortiz was hospitalized with non- life-threatening injuries, police said.Ortiz was being held on million bail and his next court date is a Jan. 12 status conference. 1145
SAN DIEGO (CNS) - A professional skateboarder and Encinitas resident who pleaded guilty last year to federal drug trafficking charges was sentenced Friday to five years of supervised release, with one year spent on GPS house arrest.Prosecutors had sought a 41-month prison sentence for Robert Lorifice, who pleaded guilty along with Elizabeth Alexandra Landis to charges involving the distribution and sale of heroin and methamphetamine.Lorifice's attorney, Stefano Molea, said his 32-year-old client's path to drugs began when he fractured his tailbone, a "particularly painful" injury that led to an opioid dependence and eventual heroin addiction.RELATED: Encinitas pro skateboarder, girlfriend admit federal drug trafficking chargesHis substance abuse and other physical issues stemming from his injury affected a skating career that previously garnered Lorifice sponsorships and participation in the X-Games, where he won three medals.Molea said Lorifice eventually "hit rock bottom" and "began associating with people that eventually led him down the path of selling drugs."Molea said Lorifice has gone through rehab, enrolled in school, and secured his first non-skateboarding job."Mr. Lorifice is extremely grateful to the court for believing in him and giving him a second chance," the attorney said, "He looks forward to helping those in the skateboarding community realize the dangers of drug use and has recently teamed up with the Ryan Bowers Foundation to work with kids with the hopes of showing them how skateboarding can be a healthy outlet to obtain and maintain their sobriety."RELATED: Three arrested in drug seizure at Encinitas homeProsecutors said Lorifice admitted selling drugs out of his home, and disposing of methamphetamine and other substances when investigators served a search warrant at his home in 2018.Investigators found 193 grams of meth, 231.6 grams of heroin, more than 800 Xanax pills, Roxicodone pills, marijuana and psilocybin mushrooms, along with materials used in drug sales, such as a digital scale, three cell phones and ,824 in cash, according to the U.S. Attorney's Office.Lorifice's home was searched again that December, and on that occasion, he attempted to flush a "tennis-ball sized chunk of methamphetamine down the toilet," according to the U.S. Attorney's Office. Authorities also seized around 31 grams of black tar heroin, 18 grams of meth and ,926 in cash from drug sales.Landis, described by prosecutors as Lorifice's then-girlfriend in a statement issued last year, is slated to be sentenced in January. 2579
SAN DIEGO (CNS) - Firefighters extinguished several rubbish fires today in alleys in the Logan Heights neighborhood, police said.The fires were discovered at 12:32 a.m. in the 1900 block of Kearney Avenue and in the 2000 block of Julian Avenue. They were put out by units from the San Diego Fire-Rescue Department, said Officer Tony Martinez of the San Diego Police Department.Earlier reports of a fire on the side of Calvary Baptist Church were incorrect, Martinez said.San Diego's Metro Arson Strike Team was dispatched to the fire scenes, according to Sgt. Clinton Leisz, a watch commander at SDPD headquarters. 622
SAN DIEGO (CNS) - A San Diego physician already facing a federal mail fraud charge for allegedly selling a false COVID-19 cure has been indicted on new charges of impersonating one of his employees to obtain hydroxychloroquine, making false statements to investigators and importing what he believed was hydroxychloroquine smuggled out of China, the U.S. Attorney's Office announced Thursday.Dr. Jennings Ryan Staley, 44, who formerly operated Skinny Beach Med Spas in and around San Diego, was indicted on the latest charges Wednesday by a federal grand jury. In addition to mail fraud, he's now charged in a superseding indictment with importation contrary to law, making false statements, and aggravated identity theft.Staley was originally charged earlier this year for allegedly marketing and selling pricey "COVID-19 treatment packs," described as a "concierge medicine experience" priced as high as ,995 for a family of four. Prosecutors allege he paid roughly per tablet of hydroxychloroquine included in the kits.The U.S. Attorney's Office said Staley's marketing materials stated customers should "NOT BELIEVE THE REPORTS THAT HYDROXYCHLOROQUINE DOESN'T WORK!" and he allegedly told an undercover FBI agent who posed as a customer that the purported treatment was a "magic bullet" and a "miracle cure."When asked whether the treatment kit would cure someone infected with COVID-19, he allegedly said, "One hundred percent," but later denied ever making the claim.The U.S. Attorney's Office alleges he tried to solicit investments for his COVID-19 cure venture, telling one customer and prospective investor that he sought a ,000 minimum investment and aimed to raise 0,000 total. He allegedly promised the customer that she would be repaid "triple your money in 90 days."Prosecutors allege Staley obtained hydroxychloroquine pills in several ways, including by soliciting them from acquaintances and employees with preexisting hydroxychloroquine prescriptions, and writing prescriptions for immediate family members and acquaintances to get the drugs "by any means necessary."He allegedly wrote a fake hydroxychloroquine prescription using the name, date of birth and prior home address of one of his employees, and took the prescription to multiple pharmacies in an attempt to obtain the drug. He also allegedly pretended to be her while ordering pills online.The U.S. Attorney's Office said Staley falsely claimed to investigators that the employee had allowed him to use her pre-existing medical condition to get hydroxychloroquine tablets.Staley also allegedly tried to obtain hydroxychloroquine through a Chinese supplier by lying to customs officials about a shipment coming into the U.S.While Staley believed the mislabeled "yam extract" package contained hydroxychloroquine powder, it actually only contained baking soda, the U.S Attorney's Office said.Prosecutors say he planned to make his own hydroxychloroquine tablets using the powder he believed he'd obtained."People must be able to trust their doctors to offer honest medical advice instead of a fraudulent sales pitch, especially during a global pandemic," said U.S. Attorney Robert Brewer. "Medical professionals who lie about their treatments to profit from a desperate, fearful public will face criminal charges and serious consequences like any other lawbreaker."Staley is due back in a San Diego federal courtroom on Dec. 17. 3426