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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) - The San Diego Downtown Rotary Breakfast Club will donate ,000 Wednesday to Honor Flight San Diego, an organization that flies World War II and Korean War veterans to Washington, D.C., to visit the memorials dedicated to the conflicts in which they fought.The donation will be used to cover air fare for the organization's next excursion, scheduled for May 2020. The cost for each veteran for the three- day trip is roughly ,500 and is covered through donations to Honor Flight as well as fundraising events like the rotary club's annual Golf for Heroes tournament.The San Diego Downtown Rotary Club raised the money at the most recent tournament through a silent auction. According to the organization, the USS Midway Foundation also contributed ,000 to the donation total. The tournament has generated more than 0,000 since 2005.RELATED:Hundreds welcome veterans home from Honor Flight San DiegoStrangers fulfill San Diego veteran's wish ahead of Honor FlightBrothers Journey: San Diego Honor Flight returns homeHonor Flights usually occur twice a year, in the spring and the fall, with priority given to the country's oldest veterans and veterans with terminal medical conditions. Honor Flight has flown more than 1,400 Southern California veterans to the nation's capital since 2010.Dave Ferguson, a member of the rotary club's military affairs board of directors, will present the check to Honor Flight San Diego founder Dave Smith during a ceremony at Tuna Harbor Park, according to the club. Joe Renteria, a 103-year-old World War II veteran who went on his Honor Flight in 2010 at age 100, is also expected to attend. 1661

SAN DIEGO (CNS) - San Diego County and the rest of Southern California will fall under sweeping new health restrictions Sunday evening due to the rapidly increasing number of hospitalizations from the coronavirus, state officials said.A state-mandated "regional stay-at-home" order goes into effect at 11:59 p.m. Sunday evening, triggered when intensive-care unit bed availability remained below 15% after Saturday's daily update, according to the California Department of Public Health.The 11-county Southern California region's available ICU capacity was 12.5% Saturday, a decrease from 13.1% the day before. The ICU capacity Sunday for the region was 10.3%. San Diego County had 19% of its ICU beds available as of Sunday.On Saturday, the county reported 30 new hospitalizations, bringing the total to 4,836. Four more patients were placed in intensive care, bringing the total to 1,065.The Southern California region consists of San Diego, Orange, Los Angeles, Riverside, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.The stay-at-home order will be in place for three weeks and will bar gatherings of people from different households. Regions will be eligible to exit from the order on Dec. 28 if ICU capacity projections for the following month are above or equal to 15%.San Diego County reported 1,703 new cases of COVID-19 and seven additional deaths Sunday.That brings the total number of cases to 92,171 and 1,062 total deaths.County Supervisors Chairman Greg Cox said the three-week stay-at-home order was tough to take."There's no way around it," Cox said during a special Saturday briefing. "It stinks."But in recent weeks, the county has experienced a rise in the number of coronavirus cases, hospitalization rates and the use of ICU beds, Cox said."We know the timing could not be worse," because of the holidays, Cox said. "But we know better days are ahead," he added, referring to the arrival of vaccines.Supervisor Nathan Fletcher said county residents are facing a tough situation."But COVID-19 is a tough virus," Fletcher said. "This is the toughest fight we've had to face during the pandemic. But hope is on the horizon with a vaccination, but it's not here now."Fletcher said the county faced an unprecedented situation."We don't have a choice," Fletcher said. "It is a deadly pandemic that is ravaging our community."San Diego's outgoing Mayor Kevin Faulconer tweeted, "Our small businesses aren't being treated fairly. Restaurants made good faith efforts to comply with COVID rules. Now the rules are changing once again. If the Governor shuts restaurants down, it's only right the state compensates them for the costs incurred moving outdoors."Supervisor Jim Desmond attacked Newsom's approach."This 'regional' approach is absurd," Desmond said in a statement. "We are being lumped into the `Southern California' region with jurisdictions as far as San Luis Obispo and Mono County. And, San Diego County is at 23% capacity, well above the 15% requirement."If you count our available overflow ICU beds then we are at 36% capacity. I was hopeful when the governor announced he was focusing on ICU and hospital capacity, however, he's missed the mark, once again. The governor and state did not consult with San Diego County and unilaterally implemented a regional approach that unfairly puts people out of work. Again, San Diego did not have an opportunity to review and provide input and did not agree to this system."Under the order, the following businesses/recreational facilities will be forced to close:-- indoor and outdoor playgrounds;-- indoor recreational facilities;-- hair salons and barbershops;-- personal care services;-- museums, zoos, and aquariums;-- movie theaters;-- wineries;-- bars, breweries and distilleries;-- family entertainment centers;-- cardrooms and satellite wagering;-- limited services;-- live audience sports; and-- amusement parks.Schools with waivers will be allowed to remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants will be restricted to takeout and delivery service only. Hotels would be allowed to open "for critical infrastructure support only," while churches would be restricted to outdoor only services. Entertainment production -- including professional sports -- would be allowed to continue without live audiences.Some of those restrictions are already in effect in select counties.California has grouped its counties into five regions: The Bay Area, the Greater Sacramento Region, Northern California, the San Joaquin Valley and Southern California.The state reported Sunday that the Bay Area's ICU capacity is at 24.1%, Greater Sacramento at 18.2% and Northern California at 26.5%.The San Joaquin Valley will join the Southern California region in the new shutdown protocol Sunday night, as its ICU capacity dropped to 6.6% on Sunday. It was at 8.6% on Saturday.The state's full stay-at-home order can be read online here. 5023

SAN DIEGO (CNS) - Police today were investigating the death of a man found lying in the middle of a Rancho Bernardo road.Dispatchers received a call about 11:55 p.m. Thursday from a person who reported seeing a person down in the road near the intersection of Cresta Drive and Sonora Road, just south of Rancho Bernardo Road, San Diego police Sgt. Michael Stirk said.Firefighters responded to the area, found the man and pronounced the victim dead at the scene, Stirk said.Investigators were attempting to determine if the man was hit by a car or suffered a medical emergency, Stirk said.The San Diego County Medical Examiner's Office was called to the scene and will perform an autopsy to determine the cause of death.Anyone with information regarding the death was asked to call San Diego County Crime Stoppers at (888) 580-8477. 839

SAN DIEGO (CNS) - Prosecutors Friday announced charges against 10 alleged members of a San Diego auto insurance fraud ring, who are accused of buying damaged vehicles and staging car thefts in order to collect more than 0,000 in fraudulent claims.The defendants -- four were arrested this week, while a half-dozen others remain at large -- are accused of buying already-damaged vehicles with high mileage, then submitting false damage or theft claims, defrauding a dozen insurance companies in the process, according to prosecutors and the California Department of Insurance.Investigators allege the suspects filed about three dozen false claims over the course of four years, with 56 vehicles used in the alleged scheme. Some of the vehicles' odometers were rolled back to increase their value before being damaged or reported stolen, according to prosecutors, who allege the defendants also damaged some of the vehicles themselves after insuring them.RELATED: NFL game result may have fueled Fallbrook vandalism, destruction of truckA tip to the District Attorney's Office sparked the investigation -- dubbed Operation Dealer's Choice -- that led to the arrests of four of the alleged ring's members on Thursday. Michael Cusi, 32, of San Diego, Jessica Herrera, 36, of Imperial Beach, Mylipsa Santos, 23, of San Diego, and Daniel Santos, 24, of San Diego are scheduled to be arraigned Friday afternoon at the downtown San Diego courthouse.Charges have also been filed against the six defendants who remain at large: Luis Cardona, Jr., 26, of National City; Francisco Javier Rodriguez, 33, of Chula Vista; Jesus Herrera, 34, of Spring Valley; Betsy Guadalupe Matteoti, 35, of San Diego; Ramon De Jesus Hernandez, 56, of San Diego; and Felipe Cardona Villareal, 25, of Tampa, Florida."The alleged scam we uncovered in Operation Dealer's Choice was a bad deal for drivers who have to pay more through higher premiums as a result of insurance fraud," said state Insurance Commissioner Ricardo Lara. 2007