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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 City officials Saturday will rededicate a Skyline-area police substation in honor of a patrolman gunned down nearly four decades ago during a traffic stop two blocks from where the precinct house now stands.The SDPD Southeastern Division headquarters will be renamed the Archie Buggs Memorial Building during a late-morning ceremony on the 39th anniversary of the slaying. Two of the late lawman's relatives -- his sister, Gwen Buggs, and cousin, Pam Jones -- are scheduled to be present for the event.Buggs, 30, came under fire in the early morning hours of Nov 4, 1978, after stopping a 1968 Chevrolet driven by 17-year-old gang member Jesus Cecena in the 7100 block of Skyline Drive.The teen fired five times at Buggs, then paused, walked toward the downed officer and shot him in the head at point-blank range. Buggs died on the street, his hand on his service revolver.Cecena was convicted of murder and sentenced to serve life in prison without the possibility of parole in August 1979. Because of his age at the time of the killing, his sentence was reduced to a seven-years-to-life term in 1982.Three years ago, a change in the law made Cecena eligible for youth offender parole. His release was approved by the state Parole Board in April 2014, but Gov. Jerry Brown overturned the panel's recommendation that September, then did so again two years later and once more four months ago.Cecena, 56, has received more than 10 violation reports for misconduct while in prison, according to the San Diego County District Attorney's Office.Among local leaders slated to take part in this morning's renaming ceremony in the 7200 block of Skyline Drive will be Mayor Kevin Faulconer, police Chief Shelley Zimmerman, City Council President Myrtle Cole and District Attorney Summer Stephan. 1824

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) - San Diego County's Vector Control Program reminded residents Friday to take precautions against ticks throughout the winter season.Winter is tick season in San Diego County and residents are advised to wear insect repellant and long sleeves and pants when hiking and camping. Ticks are unlikely to be found in the county's metropolitan areas but they can and do appear in nature and back-country areas, according to the county.Ticks spread several diseases, including Lyme disease, tularemia and spotted fever."Our crews are already finding a lot of ticks out there," said Chris Conlan, a supervising vector ecologist for the county. "And even though tick-related diseases are pretty rare in San Diego, nobody wants to be bitten, or have their kids or pets bitten."Residents are advised to stay on designated hiking paths and avoid touching grass, brush and wild rodents. Ticks can also latch onto clothing and bite a host well after leaving a hiking trail or camping area. If bitten, the Centers for Disease Control and Prevention recommends removing ticks with tweezers, grabbing as close to the arachnid's head as possible.Residents can find more information about protecting against ticks by visiting the county Department of Environmental Health's web page dedicated to the parasite, sandiegocounty.gov/content/sdc/deh/pests/ticks.html, and the CDC's web page on ticks, cdc.gov/ticks/index.html. 1426

SAN DIEGO (CNS) - San Diego's Metropolitan Transit System announced today 40 local high school students who took part in an annual essay contest were awarded new laptop computers and backpacks.Students from more than 70 high schools around the county entered the MTS and Coca-Cola Laptop Scholarship Contest, which required the applicants to submit an essay on ways to get more students to use public transit such as lowering student transit passes.The winning students, from 27 schools, received a 15.6-inch HP Touch-Screen laptop and a Northface backpack that doubles as a laptop case. MTS officials honored the winning students on Friday at the 12th and Imperial Transit Center."It was great that winners came from so many campuses,'' said MTS CEO Paul Jablonski. "Their essays presented convincing ideas. Students were required to think critically about the way public transit shapes our communities.''The contest comes from a partnership between MTS, Coca-Cola Refreshments of San Diego and the San Diego County Office of Education. Each applicant had to be a county resident and attend a county high school to be eligible. 1136