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SAN DIEGO (KGTV) — Four San Diego businesses, including two restaurants and two gyms, have filed a lawsuit seeking an emergency injunction to stop the latest shutdown orders.Under the red tier, both sectors were open for indoor operations as limited capacities. Restaurants were allowed to serve people inside at 25 percent of the normal capacity, and gyms at only 10%.On Saturday, purple tier restrictions will go into effect, meaning businesses like restaurants and gyms must shutdown indoor services completely and move outside.Cowboy Star Restaurant & Butcher Shop, Home & Away Encinitas, Fit Athletic Club, and Bear Republic filed the lawsuit against California Gov. Gavin Newson and the County of San Diego, as well as other state and county officials arguing that the closures go against their rights.The lawsuit states that Newsom and the California Department of Public Health (CDPH) lack the authority to impose the continuing restrictions on California businesses.All four businesses detail the numerous health and safety measures they’ve added to provide a safe environment for staff and customers during this pandemic.“I think it’s pretty clear that the law is on the side of governmental authority to try to get this under control,” said Jan Ronis, an attorney with the Law Offices of Ronis & Ronis. “Why they continue to file lawsuits… it’s beyond me.”Ronis is not involved in this case, but said when the pandemic began, he reviewed emergency legislation available to the government at both state and federal levels.“These laws have been in the book for decades, and governments have used them sparingly, and quite frankly think they’re valid as surprised as I was by the breadth and scope of government authority once these emergency declarations are declared,” said Ronis.He said he had seen similar lawsuits filed across the state during the last several months, and most don’t hold up in court.“I really feel sorry for the businesses, but the fact is this is a monumental health crisis,” said Ronis.Dr. Wilma Wooten, San Diego County’s public health officer, recently asked for the CDPH to allow the county to stay in the red tier. She explained that businesses that would be impacted the most by purple tier restrictions, like restaurants and gyms, are not the cause for the local increase in COVID-19 cases.The lawsuit said despite the data provided by Dr. Wooten, the CDPH still denied the request without any justification based on science or data.Both the law firm that filed the lawsuit and the County of San Diego refused to comment on this matter, stating they do not comment on pending litigation. 2646

SAN DIEGO (KGTV) -- Drove footage captured off the coast of San Diego shows orcas happily making their way through crystal clear water. The footage was captured by Domenic Biagini Photography roughly 20 miles off the coast.Biagini told 10News that the water was perfectly calm and the skies clear, allowing for some incredible footage to be captured.Watch the full video in the player below: 409

SAN DIEGO (KGTV) -- During this pandemic, technology such as Zoom, has become very important in helping family and friends stay in contact. But what about senior citizens who may not be tech-savvy? Well, Vi, a senior living residence in La Jolla, is using a pilot program from Candoo Tech, which is aimed at getting older adults, like 98-year-old resident Randy Tidmore, over the fear of going online. "I didn't know anything about technology," says Tidmore. "I was having all kinds of trouble, and it wasn't easy."But thanks to Candoo Tech, seniors like Randy can take free online training sessions, in everything from learning how to use an iPad, online safety, Zoom, and much more."Actually, it keeps me really busy because I Zoom with Clipped Wings, which is an organization of United Airlines people, and Women Marines Association. All these groups Zoom."And now, the soon to be 99-year-old has become very confident with her use of technology."To talk to people, and to see them, it makes it really easy. Once they show you how to do it." 1053

SAN DIEGO (KGTV) - Family and friends of Gunnery Sgt. Derik Holley say he was a man of service. The Miramar Marine was one of four killed in a helicopter crash near El Centro during a training exercise on Tuesday. RELATED: Four Marines killed in helicopter crash near El Centro identified"It's unreal. It breaks your heart," Holley's friend, Dan Hark, said. "The first thing I thought of was his son and his wife."  438

SAN DIEGO (KGTV) - Drive through any neighborhood in San Diego these days, and you’re bound to see homes decked out for the holidays. This time of year also can signal a slowdown in the real estate market - and an opportunity for buyers.Germaine LaValade took advantage, and is about to own his first home. He’s in escrow for a four-bedroom home in North Pacific Beach, listed for .17 million. LaValade, a software engineer, said a big reason the seller chose him was because the sale would close before the end of the year for tax purposes.“Because we are renters right now we didn’t have any house to sell to buy this one,” LaValade said.A motivated seller is just one of the advantages a homebuyer may have in these winter months - far removed from peak summer season. Another help - interest rates, which have been on the rise, tend to soften as activity slows nationwide.“We’re seeing a lot of prices are coming down from the all-time highs that they were,” said San Diego realtor Gary Kent. “We’re probably off as much as 5 percent from the peak, peak, peak of the market.”But prices are still high in San Diego County. In October, the median sale price was 0,000, up more than 5 percent from a year earlier.While activity is thought to slow, San Diego realtor Michelle Silverman said some of her best months have been in December. She said buyers get a little more leverage, while sellers still capitalize on low inventory. Silverman believes anyone involved now is also probably for real.“When you have serious buyers you have homes that will close,” she said. “You have sellers that are ready to negotiate and are willing to maybe give a little bit more that they wouldn’t give before, but they want it sold."Still, San Diego’s weather is good enough to shop for homes year-round.“You can close in January and get a good value on a home due to the decreased demand in December,” Kent said.The San Diego Association of Realtors reports roughly 7,300 active listings in the county in December, up about 80 percent from a year earlier. 2055