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ENCINITAS, Calif. (KGTV) -- A surfer died after being rescued from Swami's Beach Monday morning, Encinitas city officials confirm. Lifeguards and the San Diego County Sheriff’s Department responded to a reported ocean rescue in the surf line at Swami's Beach just after 11 a.m. Monday. After arriving, crews found a man submerged with his surfboard attached and floating on the surface of the water while bystanders tried to rescue the surfer. The man was taken to shore where crews performed CPR. He was then taken to the hospital in critical condition where he later died. At this time, the circumstances surrounding the death are unclear. 650

ENCINITAS (CNS) - The family of three women killed last summer when a multi-ton section of sandstone collapsed onto them at Grandview Surf Beach have a filed a lawsuit against the city of Encinitas, the state of California, and a local homeowners' association, while also calling Wednesday on legislators to support a bill aimed at preventing future coastal bluff collapses.Family members of Julie Davis, 65; her 35-year-old daughter, Anne Clave; both of Encinitas, and Davis' 62-year-old sister, Elizabeth Charles of San Francisco, said little has been done to improve conditions or beachgoer safety more than a year after their loved ones were killed.Moreover, during Wednesday's news conference announcing the lawsuit, attorneys alleged that the city knew of the dangers regarding the cliff's instability for decades, but did not take the necessary measures to prevent the erosion that contributed to the fatal bluff collapse on Aug. 2, 2019, nor do enough to warn beachgoers of the hazards.Encinitas officials did not immediately return a request for comment.In an email, a spokesperson for the California State Parks said: California State Parks is not able to comment on pending litigation.The three victims and other family members gathered at the beach for a celebratory occasion, as Charles had recently recovered from breast cancer. A portion of the cliff collapsed on top of them just before 3 p.m., "crushing the decedents in front of their loved ones and family members," according to the complaint filed Tuesday alleging wrongful death and negligence.Attorneys say several factors contributed to hazardous groundwater seepage in the area, including increased urban development, poor storm drain and irrigation management, and the continued growth of non-native plants along the bluff.Deborah Chang, one of the attorneys representing the family, said those conditions made the bluff a "ticking time bomb" for a collapse like the one that killed the three women."It wasn't a question of if something was going to happen, but when," Chang said.Development in the area diverted groundwater into other areas of the bluff, weakening its stability, according to the lawsuit.An irrigation system that was to be removed remains in place Wednesday, while non-native plants allowed to flourish in the area have accelerated the erosion and instability of the cliffs, the complaint states.Additionally, the complaint alleges that a defective drainage system used by the Leucadia-Seabluffe Village Community Association and Seabreeze Management Company has contributed to the accumulation of water atop the cliffs.Bibi Fell, another of the family's attorneys, said, "This was not an unknown, natural occurrence. It was decades in the making."Chang said that in addition to compensatory damages, they are hoping the spotlight brought onto the issue by the lawsuit will effectuate some kind of change to prevent further tragedies.The family also threw their support behind SB 1090, introduced earlier this year by Sen. Patricia Bates, R-Laguna Niguel, which would obligate public agencies and private owners of seafront property in San Diego and Orange counties to mitigate coastal erosion.The women's family members said safety measures that could have prevented last year's fatal collapse have still not been enacted, yet people continue to visit Grandview Surf Beach on a daily basis.Curtis Clave, Anne Clave's husband, said despite ongoing bluff collapses in the area, he continues to see people at the beach, including "dozens of families" resting up against the bluffs on Tuesday."We're standing here today calling on local and state officials to finally stand up and do something. This issue needs to be addressed immediately. These bluffs continue to fall and we can't stand to see another family go through what we did, and are still and will always be going through," Clave said. 3895

FARGO, N.D. — A man smashed the office window belonging to a North Dakota senator with an ax. The attack was caught on security camera video Monday morning.The man calmly walks up a set of stairs around 9 a.m. before turning toward the Fargo office of U.S. Senator John Hoevens. He then begins repeatedly swinging the ax toward the door eventually smashing the window. 376

ESCONDIDO, Calif. (CNS) - Nearly three-dozen cats were taken in by the San Diego Humane Society after they were left behind inside a condominium in Escondido last month, the agency announced Wednesday.The property manager of a condominium complex in the 1000 block of East Washington Avenue called the group on Oct. 22 to report that one of the condo's tenants had abandoned the cats after being evicted, according to the SDHS.Officers from the SDHS' law enforcement division responded to the home and found 31 cats living in "unsanitary conditions" inside the unit, SDHS spokeswoman Nina Thompson said.The cats were taken to SDHS campuses in Escondido and Oceanside for extensive medical exams, Thompson said. One cat had to be euthanized and a majority of the cats were found to be suffering from numerous medical conditions, including upper respiratory infections, diarrhea, ear infections and heart murmurs.The remaining 30 cats underwent more than three weeks of intensive medical care and were in the process of being transferred to SDHS' rescue partner Love Your Feral Felines for recovery, Thompson said.The Humane Society encourages the public to report animal emergencies, cruelty or neglect by calling 619-299-7012. 1234

ESCONDIDO, Calif. (KGTV) - One of the two victims killed in a crash in Escondido Sunday night has been identified as 19-year-old Ana Lira.The crash occurred just before 11:30 p.m. on El Norte Parkway and Ash Street, according to Escondido police.A witness told 10News he believed a Dodge Charger ran a red light and collided with a Ford Mustang in the intersection.Police confirmed one of the cars ran a red light, but they could not confirm which car committed the violation.One person was ejected from the Mustang and landed in the front yard of a nearby home. That person was declared dead at the scene, and another person inside the Mustang was also killed in the crash.The Charger’s driver and another person from the Mustang were taken to the hospital with serious injuries.The crash forced police to close El Norte Parkway between Conway Drive and Fig Street. Ash Street was closed between Sheridan Avenue and Ball Avenue. All affected roads were reopened by 7:15 a.m. Monday.A GoFundMe has been set up in Lira's name. Click here to donate.  1061