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SAN DIEGO (KGTV) — A class-action lawsuit against the University of San Diego wants the school to refund students some tuition fees following the move to virtual learning.The lawsuit, filed by two students, claims the college owes students some of their tuition and fees back due to the switch to virtual learning.The suit says that when the school switched to virtual learning in Spring 2020, students were still charged full tuition even though "USD could no longer provide the promised hours of instruction." The lawsuit claimed that USD also increased its tuition on top of that."Similarly, students paid fees for services and access to facilities and equipment over the full semester. Though USD provided these services and facility/equipment access for only part of the semester, and could not provide them for the full semester, USD demanded that students pay fees for the entire semester," lawsuit documents state.A spokesperson for USD told ABC 10News they have not been notified of or served with the lawsuit.The lawsuit is seeking a "prorated portion of the tuition, fees and other related costs, proportionate to the diminished value of online classes and the amount of time in the Spring 2020 and following semesters when USD ceased in-person classes, campus services and access to campus facilities, continuing through to such time as USD reinstates in-person classes" for the two students who filed the lawsuit and "all others similarly situated." 1470

SAN DIEGO (KGTV) — A family of five was displaced after a fire erupted in their City Heights kitchen Tuesday.The fire began in the kitchen of a home in the 3700 block of 41st St. According to San Diego Fire-Rescue Capt. Juan Flores, the fire appeared to begin accidentally in the cooking area as food was being prepared.Six units responded, keeping the fire isolated to the kitchen of the residence, Flores added.The family, two adults and three children, were displaced by the fire. The Red Cross is currently helping them.No other units on the property were damaged. 576

SAN DIEGO (CNS) - With coronavirus cases surging statewide and hospital beds expected to fill rapidly, Gov. Gavin Newsom said Monday a more sweeping stay-at-home order could soon be imposed in the vast majority of California in hopes of preventing the health care system from being overrun.Newsom said nine more of the state's 58 counties have been moved into the most restrictive "purple" tier of the state's COVID-19 monitoring system, meaning 51 counties are now in that tier. And those counties would be the ones likely subjected to a stay-at-home order reminiscent of the restrictions that were imposed at the onset of the pandemic, he said. All of Southern California is in the "purple" tier."The red flags are flying in terms of the trajectory in our projections of (case and hospitalization) growth," Newsom said. "... If these trends continue we're going to have to take much more dramatic, arguably drastic action, including taking a look at those purple tier counties."He said those actions include "the potential for a stay-at-home order for those regions in purple."The action follows what Newsom called an 89% increase in hospitalizations statewide over the past 14 days, and projections that the number of hospitalizations could double or triple within a month, based on the surging case numbers over the past two weeks. The state projects that 78% of hospital beds will be filled by Christmas Eve, and all currently available intensive care unit beds will be occupied by mid-December."We're now looking in real time at hospitalization numbers and ICU capacity in those regions," he said. "We are assessing this in real time over the next day or two to make determinations of deep purple moves in those purple tier status (counties) that is more equivalent, more in line with the stay-at- home order that folks were familiar with at the beginning of this year, with modifications in terms of the work that we are currently doing."Newsom noted that all hospitals have the ability to increase bed capacity, and the state has 11 surge facilities planned statewide that can add nearly 1,900 beds. But providing staffing for all of those beds could be an issue, he said.Dr. Mark Ghaly, the state's Health and Human Services Secretary, noted that since hospital numbers tend to rise about two weeks later than cases are confirmed, the impact of the infection surge over the past two weeks has not even begun to impact the already elevated hospitalization numbers.Ghaly said everything is on the table in terms of confronting the surge, including the possible stay-at-home order."Everything is on the table in considering how we effectively guide the state through this, and working with our local partners to make sure what we do is both impactful and as time-limited as possible," Ghaly said. "We know this is hard for all Californians, and (we are) making sure that we choose something that will make a difference but that we can track that difference and give people some confidence that we will only do it as long as we need to to bring the hospitals into a situation that they can handle the incoming patient numbers and provide high-quality care in a way that protects our health care workforce as well." 3227

SAN DIEGO (KGTV) -- A former Yuma Police officer charged with raping a woman in San Diego is coming face to face with his accuser’s mother. Jared Elkins didn’t flinch in court Tuesday as his wife’s cousin accused him of raping her over and over in her Kensington home. The woman says she didn’t yell because the former officer threatened to kill her. After the rape, the victim said in court that she ran into her mother’s room and escaped out a window. Her mother’s 911 call played in court Tuesday. Elkins’ wife was asleep across the hall. Police body cam footage showed the accuser hysterical in the back of the police car. The woman can be heard telling the officer how afraid she was. Elkins argued that the sex was consensual and the rape charges were made out of guilt. Elkins pleaded not guilty. His attorney said he used bad judgement but the sex was consensual and the two were drinking.He’s facing nine felony counts including forcible rape and could serve 14 years in prison if convicted. Elkins resigned from the Yuma Police Department in 2017. 1066

SAN DIEGO (KGTV) -- A 20-year-old woman died following a shooting that left three others injured at a party in La Jolla Sunday morning, according to San Diego Police. Police were called to the 7500 block of Draper Avenue near Jack in the Box around 12:39 p.m. after reports of shots fired. According to police, partygoers were standing outside a home in the area when a light-colored sedan drove into the alley and shot the victims. When officers arrived, they found a 20-year-old woman and 23-year-old man with gunshot wounds, according to police. Police say both victims were rushed to the hospital where the woman later died. The 23-year-old is in serious but stable condition, police say.Two other victims, both 19-years-old, later showed up at different hospitals with gunshot wounds and are in stable condition, police say. The suspects are still at large and police say they have no description at this time. The victims haven’t been identified. Anyone with information is asked to call police at 619-531-2293 or Crime Stoppers at 888-580-8477. 1060