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SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - San Diego's utilities future remains undecided after the City Council debated terms for a franchise agreement for its electric and natural gas provider this week.The council was asked Thursday to agree on the terms it was looking for in the agreement for one of the city's most valuable assets, valued at more than .2 billion.San Diego Gas & Electric has been the sole provider of natural gas and electric utility services for San Diego since 1920. The current franchise agreement, finalized in 1970, is set to expire Jan. 17, 2021. San Diego is California's largest city to have franchise agreements with its utilities.The terms, had they been approved Thursday, would have opened the bidding process for any interested entities to bid on the franchise agreement. They were presented to the council for input and did not technically require council approval.In the coming weeks, the city will release the final terms of the bid document, which will include input received from the public and the council, and the bidding process will begin, officials with Mayor Kevin Faulconer's office told City News Service on Saturday.Once bidding is concluded and a franchise is awarded, the agreement will go to the full council, requiring two-thirds approval.Howard Golub, a consultant for JVJ Pacific Consulting, which the city hired to analyze its needs, recommended the minimum bid in the terms should be million -- low enough to encourage bids but not so low the city and its residents are suffocated by high rates and later surcharges with no money back to show for it, he said."This is the floor, not the ceiling," Golub said.Golub also recommended franchise fees of 3.5% for natural gas and 3% for electric and a 20-year term with the bidder the city chooses.SDG&E is owned by Sempra Energy, an international corporation based in San Diego. Warren Buffett-owned Berkshire Hathaway has expressed interest in the bidding process.An initial proposal by Council President Georgette Gomez was rejected 6-3. It included a provision similar to that of Chula Vista, with a 10-year deal with an automatic renewal if the franchisee had been a "good partner."An amendment by Councilwoman Monica Montgomery raised the minimum bid from the 1% of total value of million to 5%, or 0 million. It also included a climate equity fund and the provision to make the highest bidder subject to collective bargaining from employees who were working for SDG&E -- in case that company does not win the bid."We can't be working toward a just climate future if our partner undermines that," Gomez said.Councilwoman Jennifer Campbell then proposed terms to accept all of JVJ's recommendations with the option to "explore" the climate equity fund. This failed 5-4, with multiple council members switching votes during discussion as amendments were added and removed.Councilman Chris Cate asked for a provision to see and consider all bids for the franchise agreement regardless of the bid offered -- dependent on how closely each bidder met the city's terms.Councilwoman Vivian Moreno said the lack of concrete plan to establish and fund the climate equity fund -- which she said would be funded by the minimum bid and would add "green" elements to portions of the city often underserved -- was automatically unacceptable for her.The council's lack of consensus prompted some speculation about the possibility of municipalizing the city's gas and electric services."I recommend a franchise agreement first," Golub said. "And if that's not feasible, move to a publicly owned utility."High interest rates in 1970 prevented the city from seriously examining that route, but much lower interest rates now make a public-owned utility more feasible, Golub said.According to valuations by business process management company NewGen, the city could buy out SDG&E's infrastructure at a fair market rate of just over billion.According to Golub's recommendations, the city should not do what it did in 1970 -- accept a franchise agreement it wasn't happy with because SDG&E was the sole bidder.More than 80 members of the public called in to the meeting to express support for a franchise renewal of SDG&E or for municipalization.The callers were fairly evenly split, with many of the calls in support of extending the existing franchise agreement with SDG&E coming from employees with the company or those representing the International Brotherhood of Electrical Workers local representing SDG&E workers.They claimed maintaining jobs, 100 years of history with the city and "keeping it local" as reasons to renew the franchise as soon as possible for 20 years or more.Opponents to moving any franchise agreement forward claimed SDG&E's perceived lack of reliability, its high utility costs and its parent company's involvement in fracking are all reasons to avoid franchising with SDG&E.Some of them made impassioned pleas to municipalize the city's gas and electric, essentially making the city take on the burden of providing the utilities.One man urged the council to vote no and do further study on the potential of municipalization and the ramifications of not doing so."When this goes sideways, and it will, you can't say you didn't know," he said. 5295

SAN DIEGO (CNS) - San Diego County public health officials reported a record-high 1,091 new COVID-19 infections and eight deaths Friday, raising the region's totals to 69,231 cases and 960 deaths.Four women and four men died between Nov. 1 and Nov. 19. Their ages ranged from early 50s to early 90s. All had underlying medical conditions.Friday was the 10th consecutive day more than 600 new coronavirus cases were reported by the county, and the most reported in a single day. On Sunday, 1,087 cases were recorded, 922 were reported Wednesday and 899."The virus is widespread and every element of our community is impacted," said Dr. Wilma Wooten, the county's public health officer. "Now more than ever it is vital that San Diegans avoid gatherings and crowds, wear a face covering when they are out in public and stay home if they are sick."The last seven days have marked the highest daily case counts in San Diego County since the start of the pandemic, with 736 cases reported on Saturday, 833 on Monday and 718 on Tuesday.On Nov. 11, a then-record 661 cases were reported -- surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Nov. 12.A total of 34,021 tests -- a new record -- were reported Friday and 3% of those came back positive, dropping the 14-day rolling average of positive tests to 4.7%The number of COVID-19 cases in the hospital continues to rise, with 440 currently hospitalized in the county and 127 in intensive care -- nearly double the numbers a month ago.Wooten said Anyone hosting a gathering should keep it small, short and safe.Small meaning gatherings should be limited to a maximum of three stable households. Short meaning the gathering should last two hours or less. Safe meaning that people should stay outdoors as much as possible and wear a face covering when they are not eating or drinking.Of the total number of cases in the county Wednesday, 4,329 -- or 6.3% -- have required hospitalization and 981 patients -- or 1.4% of all cases -- had to be admitted to an intensive care unit.Eleven new community outbreaks were confirmed Friday, three in business settings, three in faith-based settings, two in childcare settings, one in a TK-12 school setting, one in a restaurant/bar setting and one in a gym setting. A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.County officials announced Thursday law enforcement will step up COVID- 19 compliance protocols, including education and citations, amid spiking coronavirus cases.Sheriff Bill Gore said Thursday four two-deputy teams will begin making "a full-time commitment" to the county's 18 cities and unincorporated areas, ensuring compliance with public health orders. Several cities have already confirmed they will send officers to assist deputies in their duties, Gore said.The county has issued 52 cease-and-desist orders since Monday, including five Thursday to Alliance MMA and Functional Republic, both in Chula Vista, Crunch Fitness in Serra Mesa, The Element Dance Center in La Mesa and IB Fitness in Imperial Beach. Residents can report egregious violations of the health order on the county complaint line at 858-694-2900 or email SafeReopeningComplianceTeam@sdcounty.ca.gov.Gore said deputies would not be going door-to-door but, rather, follow up on complaints. Education about public health orders will be the first method used, Gore said. Citations could follow."The bottom line is wear those damn masks out there and social- distance," he said.The announcement about increased enforcement measures came on the day Gov. Gavin Newsom announced California counties in the state's "purple" tier will be subject to a curfew prohibiting all "nonessential" activities and gatherings between 10 p.m. and 5 a.m.The "limited Stay At Home Order" applies to all counties in the most restrictive tier of the state's coronavirus monitoring system, purple, which includes Los Angeles, Orange and San Diego counties. The order will take effect at 10 p.m. Saturday and remain in effect until 5 a.m. Dec. 21.California updated its four-tier COVID-19 reopening statistics Monday, with San Diego County among those sinking further into the purple tier of the state's four-tier economic reopening roadmap.The county had a rate of 12.1 new daily coronavirus cases per 100,000 residents, an increase of 2.1 compared to last week. The state-adjusted daily case rate increased to 10.7 per 100,000 population from 8.7 last week.The region has an adjusted rate due to a significant effort to increase the volume of testing. The county officially entered the purple tier and its associated restrictions just after midnight Saturday.San Diego County's rate of positive tests increased from 2.6% last week to 4.3% Tuesday. The health equity metric, which looks at the testing positivity for areas with the least healthy conditions, remained steady at 6.5%.In response to rising cases statewide, Newsom on Monday pushed the vast majority of California counties into the purple tier.With purple-tier restrictions in place, many nonessential businesses were required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums, and cardrooms. 5340

SAN DIEGO (CNS) - The San Diego City Council voted 5-4 today to extend the city's moratorium on commercial and residential evictions until the end of September amid high unemployment rates during the coronavirus pandemic. The moratorium that was slated to expire Wednesday will be extended to Sept. 30 as a result of the council's vote. Council members Georgette Gomez, Monica Montgomery, Jennifer Campbell, Chris Ward and Vivian Moreno voted in favor, while Barbara Bry, Mark Kersey, Scott Sherman and Chris Cate voted no.The moratorium prohibits landlords from evicting renters and small businesses that are unable to cover their rent or lease payments due to financial hardship brought about by the COVID-19 outbreak.Under the moratorium, renters and small businesses cannot be evicted if they notify their landlord in writing, on or before the day the rent is due, that they are unable to pay. They have one week after notification to provide proof that their financial hardship is related to the COVID-19 pandemic.Landlords and tenants are encouraged to work out a payment plan on their own. The eviction ban first went into effect March 25, with Tuesday's vote marking its second extension.The vote came following about two hours of public comment, in which numerous residents called in to ask for the council to extend the moratorium, with some asking for an extension until as far as the end of the year.The council was also slated to take action Tuesday to establish a rental assistance program, funded by more than million in federal COVID-19 relief funds. 1578

SAN DIEGO (CNS) - San Diego-based medical technology company Phamatech and its CEO have agreed to pay more than million to resolve allegations that they submitted false claims to Medicare and received government reimbursements for unnecessary lab testing, the U.S. Attorney's Office said Friday.Prosecutors allege the company paid kickbacks to a medical clinic, which in return ordered Phamatech lab testing for its patients enrolled in Medicare.Over the course of about two years, Phamatech, which manufactures diagnostic devices and provides lab testing services such as drug and alcohol tests, paid a per-specimen fee to Imperial Valley Wellness in exchange for referrals of urine samples from Medicare beneficiaries, according to the U.S. Attorney's Office.Many of the samples referred to Phamatech were not necessary and thus ineligible for Medicare reimbursement, prosecutors said.The company, along with its CEO and founder Tuan Pham, agreed to pay ,043,484 to settle allegations that Phamatech violated the federal Anti- Kickback Statute and the False Claims Act.The U.S. Attorney's Office said the allegations were originally brought in a lawsuit filed by former Phamatech employee John Polanco, who will receive 7,392 from the settlement proceeds. 1273