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SAN DIEGO (KGTV) — Heartwrentching video of a humpback whale tangled in fishing net off of San Diego's coast prompted wildlife experts to react quickly.But the whale's condition is unknown after rescue crews were unable to help the animal.The video was captured Friday by Domenic Biagini, owner and captain of Gone Whale Watching San Diego. What appeared to be another spectacular whale sighting turned into heartbreak."We got really excited because we saw these giant splashes," Biagini told 10News' Amanda Brandeis. "From that elation to kind of, pure heartbreak."RELATED: The world's smallest whale on the brink of extinction in the Sea of CortezNOAA and SeaWorld crews were notified of the whale. But SeaWorld said the whale was swimming too fast for them to continue rescue efforts."15,000 pound animal jumping out of the water next to a small boat that they're trying to use to rescue it is extremely dangerous, " said Biagini.Now the hope is agencies further north are able to find the whale to make sure it is freed from the netting.The face of the 30-foot whale appeared to be tangled in green fishing net. The netting was a drift gill net, which hangs vertically in the water and could measure up to a mile long.RELATED: Boaters warned to watch out for newborn gray whales during late migration"They are notorious for being dolphin, whale, and sea lion killers," Biagini said.Biagini said at one point, another humpback whale arrived and swam by the tangled whale."To see something that graceful, that gentle, that harmless go through something like this that's 100 percent caused by us, there's no debate on it. It's maddening," says Biagini. "For me. that's when I really started to get emotional because these are very sentient animals that do feel a wide range of emotions."This season, boaters are already being warned to watch out for newborn gray whales making their way from Alaska to Baja, Mexico. Biagini says some adult gray whales may give birth during the trek south because of the late migration. 2028

SAN DIEGO (KGTV) — Four San Diego businesses, including two restaurants and two gyms, have filed a lawsuit seeking an emergency injunction to stop the latest shutdown orders.Under the red tier, both sectors were open for indoor operations as limited capacities. Restaurants were allowed to serve people inside at 25 percent of the normal capacity, and gyms at only 10%.On Saturday, purple tier restrictions will go into effect, meaning businesses like restaurants and gyms must shutdown indoor services completely and move outside.Cowboy Star Restaurant & Butcher Shop, Home & Away Encinitas, Fit Athletic Club, and Bear Republic filed the lawsuit against California Gov. Gavin Newson and the County of San Diego, as well as other state and county officials arguing that the closures go against their rights.The lawsuit states that Newsom and the California Department of Public Health (CDPH) lack the authority to impose the continuing restrictions on California businesses.All four businesses detail the numerous health and safety measures they’ve added to provide a safe environment for staff and customers during this pandemic.“I think it’s pretty clear that the law is on the side of governmental authority to try to get this under control,” said Jan Ronis, an attorney with the Law Offices of Ronis & Ronis. “Why they continue to file lawsuits… it’s beyond me.”Ronis is not involved in this case, but said when the pandemic began, he reviewed emergency legislation available to the government at both state and federal levels.“These laws have been in the book for decades, and governments have used them sparingly, and quite frankly think they’re valid as surprised as I was by the breadth and scope of government authority once these emergency declarations are declared,” said Ronis.He said he had seen similar lawsuits filed across the state during the last several months, and most don’t hold up in court.“I really feel sorry for the businesses, but the fact is this is a monumental health crisis,” said Ronis.Dr. Wilma Wooten, San Diego County’s public health officer, recently asked for the CDPH to allow the county to stay in the red tier. She explained that businesses that would be impacted the most by purple tier restrictions, like restaurants and gyms, are not the cause for the local increase in COVID-19 cases.The lawsuit said despite the data provided by Dr. Wooten, the CDPH still denied the request without any justification based on science or data.Both the law firm that filed the lawsuit and the County of San Diego refused to comment on this matter, stating they do not comment on pending litigation. 2646

SAN DIEGO (KGTV) -- High surf is creating dangerous conditions for swimmers hitting the beach throughout San Diego County. A High Surf Advisory is in effect San Diego coastal cities from Monday morning at 8 A.M. until Tuesday night at 10 P.M.Just before 10 A.M. Monday, SDFD Lifeguards shut down the Ocean Beach Pier.They are also cautioning any swimmers and surfers who are not advanced to stay out of the water until the advisory expires.Many advanced surfers tell 10News they have been looking forward to this day for a long time. Those who hit the water Monday took advantage of the seven to 11 foot waves along the coast, saying it’s not just the swell and the direction but the time between the waves and the decreased winds that make for great surf conditions. "The quality and the length its just a great day a great day for everybody,” one surfer tells 10 News.One group of surfers found out first-hand how dangerous these conditions are. They were taking a boat to surf off of Point Loma when the waves flipped in Monday afternoon. The surfers escaped without injury, but the boat had to be towed back to shore. 1130

SAN DIEGO (KGTV) - Demolition is underway on the former Anthony’s Fish Grotto restaurant along San Diego’s Embarcadero.The destruction of the building started earlier this week at the location on Harbor Drive. Crews will also demolish the platform and pile foundation, with work due to end by late March.The Brigantine is taking over the site for its “Portside Pier” two-story restaurant project. It will include: 421

SAN DIEGO (KGTV) -- He's known as "The Master of Disaster."Dr. Randall Bell is a real estate damage economist with Landmark Research Group."I basically focus on properties that have been damaged. It can be environmental damage, geotechnical, landslide, and of course, crime scenes come up all the time, and that creates a lot of interest," said Bell.Bell has studied several of San Diego's infamous homes. The former Fallbrook home of Summer and Joseph McStay is one of them."The McStay property is really a mess because sadly, four people died, and anytime children are involved in a crime, that really turns up the dial when it comes to the residual stigma on the property," said Bell.Last January, a jury sentenced Chase Merritt to the death penalty for killing the family with a sledgehammer and then burying their bodies in a shallow grave in the desert.The family disappeared in 2010; more than three years later, their bodies were found.Merritt and Joseph McStay had been business associates.The Spreckels Mansion in Coronado is another infamous home in San Diego County.Coronado-based real estate agent Scott Aurich first sold the historic property to Jonah Shacknai in 2007."You know that history was so documented, both with newspaper and with media, all kinds of stories going on like that, everybody pretty much knew what happened, but we shared it," said Aurich.What happened inside the home is still a mystery to many, including Aurich."I probably was as close to this as anybody in terms of knowing the players, and I still couldn't tell you what happened," said Aurich.In 2011, Jonah Shacknai's six-year-old son Max fell from the second story banister. At the time, Shacknai's girlfriend, Rebecca Zahau, was caring for Max. A few days later, the child died from his injuries, and Zahau was found bound, gagged, and naked hanging from a second-story balcony.Although Max's death was ruled an accident and Zahau's a suicide, Zahau’s family has always maintained that she was murdered. Adam Shacknai, Jonah's brother, was found liable for her death in a civil suit.Aurich sold the home last March for million, roughly 35% lower than the market value."The house itself is more a piece of Coronado's rich history in the architecture of the house," said Aurich.Farther north in Escondido, there was another notorious home. The so-called bomb factory generated national headlines just weeks before Christmas in 2010."The guy who had the bombs, he was a renter. So, the landlord is the one kind of stuck with the problem," said Bell.Investigators say the rental home of George Jakubec was home to the most massive cache of homemade explosives in a single spot in the United States. The property was so dangerous that the sheriff's department ultimately decided to do a remote-controlled burn of the house.Today, it's a concrete slab with no trespassing signs. It's unclear what the owner plans to do with it. Jakubec is serving a 30-year prison sentence."What people don't realize is that stigma goes to the site, so even though the house is gone, there can still be a stigma there even though that was 10 years ago, it can linger," said Bell.It's been nearly 30 years since a La Jolla socialite named Betty Broderick killed her ex-husband and his new wife as they slept. The Marston Hills home has been the focus of a book and movie.Bell has tracked multiple sales of the house since the murders. He said it has struggled to keep up with market value."Crime scene stigma is interesting, you can have anything from no impact and rare situations, but it does happen, to 100% impact, I've seen cases where there's a premium paid, that's very unusual, typically, you see a 10 to 25 % loss of value," said Bell.There is one property that stands out the most to the international appraiser."I'm often asked which is the most bizarre case, and I think it comes back to Heaven’s Gate," said Bell.A Rancho Santa Fe Mansion was the scene of the Heaven's Gate cult and the largest mass suicide on U.S. soil. Thirty-nine members of the cult drank a lethal cocktail for three days back in 1997.In the end, neighbors pitched in to buy the home and tear it down. Even the street was renamed."What I saw in the house was disturbing. The house was demolished, I've never seen a more thorough job done in terms of demolishing everything, the tennis courts, the swimming pool, the fences, the lawn, absolutely 100% of everything, the site has been rebuilt on, but, as I say, the stigma goes to the site, so there could still be lingering issues," said Bell. 4559

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