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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) - San Diego County Supervisor Nathan Fletcher joined local Black leaders Friday to announce a three-pronged "Racial Justice and Law Enforcement Realignment Policy Package" which the Board of Supervisors will consider Tuesday.The three policies in the package involve strengthening the Citizen's Law Enforcement Review Board's authority and independence, opening an Office of Equity and Racial Justice for San Diego County and launching Mobile Crisis Response Teams that uses clinicians instead of law enforcement for mental health and homeless services.Paving Great Futures, ACLU of San Diego and Imperial Counties, Urban League of San Diego County, the Racial Justice Coalition of San Diego, BAPAC, SD for Justice Coalition, Pillars of the Community, the Black Chamber and Voice of Youth all offered input on the package, which seeks to "create more transparency and start to change the systemic and structural racism that has caused pain and harm to generations of Black people," according to a statement from Fletcher's office."The organizations and activists we worked with have been fighting to save Black lives, and advocating for these changes for a long time. Now is the time for real change," Fletcher said. "These proposals are initial steps in a series of system and culture changes that needs to occur for there to be true equity in treatment by law enforcement and other injustices felt by minority populations in our community."Fletcher launched a petition drive to support the policy package, and was joined at a news conference on the steps of the County Administration Center by Buki Domingos, founder of Racial Justice Coalition of San Diego; Ellen Nash, chair of the board of Black American Political Association of California; Khalid Alexander, president and founder of Pillars of the Community; and Maresa Talbert, co-chair of San Diegans for Justice.Community leaders offered words of encouragement for the policies."The Urban League of San Diego County Supports these reforms brought forward by Supervisor Nathan Fletcher to bring much needed racial justice reform and law enforcement oversight to the people of San Diego," said Al Abdallah, chief operating officer, Urban League of San Diego County.Fletcher's office outlined some of the direct policies the package would take if passed as designed.To strengthen the Citizen's Law Enforcement Review Board, the package said independence from the County Sheriff would be needed, as well as independent authority to investigate use-of-weapons and use-of-force claims.For the Office of Equity and Racial Justice, Fletcher said the county would have to involve communities of color to set policy and budget priorities, secure and administer restorative justice programs and "dismantle systemic barriers that present obstacles based on race."Last, for the Mobile Crisis Response Teams, the county would need to set up a help line, launch an outreach campaign and dedicate million annually of the county's Health and Human Services Agency budget toward the teams.The County Board of Supervisors will consider the policy proposals at its regular meeting at 9 a.m. Tuesday. 3167

SAN DIEGO (CNS) - Police are searching for a hit-and-run driver who fatally struck a pedestrian near a Logan Heights intersection.The crash happened around 8:50 p.m. Monday near the intersection of 25th Street and Imperial Avenue, east of Interstate 5 and south of state Route 94, San Diego Police Officer John Buttle said.A man, whose age was not immediately available, was walking westbound in the left-turn lane of Imperial Avenue when he was struck by a vehicle heading eastbound on Imperial, Buttle said.ABC 10News learned the victim was dragged several yards; the driver of the suspect vehicle, described as a silver or gray two-door sedan, fled the scene without stopping.No description of the driver was immediately available.The victim was taken to a hospital, where he was pronounced dead, the officer said. The man's name was withheld pending family notification. 882

SAN DIEGO (CNS) - San Diego County health officials reported 228 new COVID-19 infections, the smallest daily increase since June 19, raising the county's cumulative caseload to 32,975.No new coronavirus fatalities were reported Monday. The total death toll remains at 594.County health officials also reported five community outbreaks, bringing the number of outbreaks in the past week to 14.The latest outbreaks were reported in a restaurant, a restaurant/bar setting, a government office, a business and a grocery store, according to the county Health and Human Services Agency.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 days.The number of patients hospitalized for treatment for coronavirus totaled 321 as of Monday, with 101 of those patients in intensive care units. Sunday saw the fewest number of hospitalized COVID-19 patients since June.Of the total positive cases in the county, 2,752 -- or 8.3% -- have required hospitalization since the pandemic began, and 689 -- or 2.1% -- were admitted to an intensive care unit.The county's case rate per 100,000 residents Monday was 101.6. The state's goal is fewer than 100 per 100,000. The case rate is a 14-day average and is based on the date of the actual onset of the illness in each patient, not the date the illness was first reported by the county. Lags in reporting often lead to delays in new confirmed cases being reported to and announced by health officials.The county reported 7,570 tests Sunday, 3% of which returned positive. The 14-day rolling average percentage of positive cases is 5%. The state's target is fewer than 8.0% testing positive. The seven-day daily average of tests is 8,148.The next scheduled media briefing by county health officials will be Tuesday. No briefing was held Monday due to a county budget hearing.County Supervisor Nathan Fletcher said last Wednesday that because of problems with the state's electronic reporting system, which has led to a backlog in test results, additional cases might be retroactively added to both local and statewide case totals in coming weeks.The percentage of people testing positive for the illness who have been contacted by a county contact tracer in the first 48 hours increased from 7% on July 18 to 97% Monday. The county's target for this metric is more than 90%.Of the total hospitalized during the pandemic due to the illness, 71% have been 50 or older. But county residents ages 20-29 have accounted for 25.5% of COVID-19 cases, the highest of any age group, according to county data. That age group is also least likely to take precautionary measures to avoid spreading the illness, officials said."Some San Diegans think they're not going to get sick and therefore are not following the public health guidance," Dr. Wilma Wooten, the county's public health officer, said last week. "What they don't realize is that they could get infected and pass the virus to others who are vulnerable."The age group with the second-highest number of infections -- residents ages 30-39 -- represent 18.9% of the county's COVID-19 cases. 3272

SAN DIEGO (CNS) - Sales of previously owned single-family homes and attached properties like condominiums and townhomes increased between September and October while home prices decreased, according to data released by the Greater San Diego Association of Realtors.Sales of single-family homes increased from 1,605 in September to 1,644 in October, a 2.4 percent jump. Attached property sales rose 8.8 percent from 820 in September to 892 in October.The increases are a minor rebound after SDAR data showed sales of single-family homes and attached properties fell 25 percent from August to September.Monthly home prices dipped slightly for both single-family and attached properties. Single-family prices fell 0.4 percent from 7,000 to 5,000 while condo and townhome prices fell 2.7 percent from 9,000 to 8,000."The temperature of home prices seems to be cooling, which may lead to a period of calm for the rest of the year," SDAR President Steve Fraioli said. "However, the strength of the economy and the strong job market remains great news for buyers and industries related to real estate."Year-over-year increases show significant declines in listings sold and increases in home prices. Single-family home sales fell 16.8 percent from October 2017 to October 2018, from 1,977 to 1,644. Year-over-year condo and townhome sales fell 15.3 percent, from 1,053 to 892.Sale prices rose 6.3 percent for single-family homes, from 7,000 in October 2017 to 5,000 in October 2018. Condo and townhome prices rose from 0,000 to 8,000 in that same time span, a 4.5 percent increase.Realtors sold 43 single-family homes in Ramona in October, the most of any zip code in the county. 1709

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