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SAN DIEGO (CNS) - A San Diego judge granted a preliminary injunction Friday sought by Hall of Fame horse trainer Jerry Hollendorfer against the Del Mar Thoroughbred Club, which banned Hollendorfer from participation in the wake of a spate of horse deaths.Hollendorfer, 73, was banned last month from Del Mar and sought legal intervention to allow him to participate at this summer's racing season.He argued that Del Mar officials did not provide an adequate reason for precluding him from racing. The complaint alleges that he was notified on June 28 that he wouldn't be assigned stalls because of "PR risks and considerations."RELATED: 2 horses killed in collision during training at Del Mar RacetrackIn his written ruling, Judge Ronald F. Frazier ruled that Del Mar "arbitrarily" denied Hollendofer's stall application without providing him a hearing on the matter.In court, Frazier noted that there was no definitive link tying Hollendorfer to the horses' deaths.Thirty horses died at Santa Anita during its most recent meet that started in late December and ended in late June. Four of the those horses were under Hollendorfer's care.Hollendorfer also has been banned by the Stronach Group, which owns the Santa Anita racetrack, as well as the New York Racing Association.RELATED: Del Mar Thoroughbred Club upgrades horse safety for 2019 racing seasonJ. Christopher Jaczko, representing the Del Mar Thoroughbred Club, argued that whether or not Hollendorfer could be connected to the horses' deaths, Del Mar's decision to exclude Hollendorfer was a valid business decision based on the negative publicity Hollendorfer could bring."Mr. Hollendorfer's record over the past six months in California is problematic," Jaczko said.He alleged that banning Hollendorfer was also in the interests of horse safety and not just to avoid bad publicity. However, had avoiding negative publicity been the sole reason for the ban, Jaczko contended that would be a rational business justification on Del Mar's part, particularly with the heightened scrutiny the horse racing industry is currently facing."We're not saying he did anything to kill those horses. We're saying that in the best interest of our business, we don't want the attention, we don't want the clamor that we're not doing everything we can to change business as usual," Jaczko said.Jaczko also said the ban does not cause "irreparable harm" to Hollendorfer, as he has the ability to participate in other races, including several ongoing and upcoming races in California.Talking to reporters outside the courtroom, Hollendorfer said he was "very grateful" that Frazier ruled in his favor."I've lost an awful lot of business because of this," said Hollendorfer, who was not sure when he would begin participating in the Del Mar racing season.Hollendorfer said he had confidence in his training methods, but would be open to recommendations to improve horse safety."I would guess my stable does more with horses every day than any other stable that I know of," Hollendorfer said. "We examine every horse every day from head to toe. We take them out of their stalls and jog them down the road and make sure that they're sound before we even consider taking them to the racetrack. I think that we're doing plenty to ensure the safety of our stable and if somebody else has another suggestion how to do more, than I'm certainly willing to listen to somebody's opinion on that."Hollendorfer's attorney, Drew Couto, said his record with equine fatalities was not as severe as Del Mar claimed, and laid blame to Stronach Group racetracks, identifying them as the common denominator in the deaths of horses under Hollendorfer's care."Where did (Hollendorfer) have equine fatalities? He had them at Stronach group racetracks," Couto said. "They were horribly managed in our opinion this last year and that's the cause of these issues."Couto did not make any definitive statements regarding any legal steps towards contesting Santa Anita's ban."One step at a time," Couto said. "We had to take care of this issue. They (Santa Anita) are certainly on our radar and probably next up."Another status conference in the Del Mar case is slated for Oct. 25 in Frazier's courtroom. 4226

SAN DIEGO (CNS) - At least one person was killed Saturday in a three- vehicle collision on the San Diego (5) Freeway in San Diego, authorities said.The crash was reported at 5:07 a.m. on the northbound San Diego Freeway at Via De La Valle South, according to the California Highway Patrol.A white sedan, motorcycle and unknown vehicle were involved in the crash, the CHP said.All northbound traffic was stopped just south of Del Mar Heights Road and taken off the freeway at that exit, the CHP said. 507

SAN DIEGO (CNS) - County health officials announced Thursday that flu activity remained steady over the last week but confirmed flu cases are still three times what they were at this time last year.The county's Health and Human Services Agency confirmed only 36 flu cases over the last week, bringing the county's 2019-2020 flu season case total to 335. The county had confirmed 109 cases at this time last year.Only two residents have died due to flu complications since the county's flu season started July 1. At this time last flu season, the county had not recorded a flu death.County health officials expect flu cases to spike as the year approaches the holiday season and gets deeper into autumn and winter."The holiday season is right around the corner," said Dr. Wilma Wooten, the county's public health officer. "With family and work gatherings coming up and people taking part in holiday activities, now is the time to get your flu shot to make sure you avoid getting sick and spreading the virus to others."County health officials and the U.S. Centers for Disease Control and Prevention strongly advise the annual flu vaccination for everyone 6 months and older, especially in demographics with a heightened risk of serious complications like pregnant women, people with chronic medical conditions like lung disease and people age 65 or older.Residents can take precaution against contracting the virus by frequently washing their hands, cleaning commonly touched surfaces and avoiding contact with sick people. Residents can also get the flu vaccine at local doctors' offices, retail pharmacies and the county's public health centers.A full list of locations offering flu shots can be found at the county's immunization website, sdiz.org, or by calling 211 for the county's health hotline. 1809

SAN DIEGO (CNS) - County health officials reported 253 new COVID-19 cases and three new deaths Sunday, raising the region's totals to 38,300 cases and 682 deaths, as some local businesses prepared to re-open indoor operations Monday.Three men in their 80s died. All three had underlying medical conditions.Of the 5,360 tests reported, 5% returned positive. This is one of the two criteria now being used by the state to loosen or tighten restrictions on activities.The 14-day rolling average of positive tests is 3.7%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,775.Of the total positive cases, 3,099 -- or 8.1% -- have required hospitalization since the pandemic began, and 750 -- or 2% -- were admitted to an intensive care unit.County health officials reported two new community outbreaks as of Saturday, bringing the number of outbreaks in the past week to 19. One outbreak was in a health care setting and one in a business setting.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 daysGov. Gavin Newsom released a new state system Friday that sorts counties into one of four tiers based on the extent of the area's COVID-19 outbreak,Restaurants, places of worship, movie theaters and museums will be allowed starting Monday to maintain up to 25% occupancy or 100 people -- whichever is less. Gyms may operate with 10% occupancy. Hair salons, barbershops and nail salons may operate indoors with normal capacity.Dr. Wilma Wooten, the county's public health officer, said the county would follow state guidelines that indicate retail businesses are to be restricted to 50% occupancy.All indoor businesses must still abide by social distancing- and face-covering mandates, as well as having a detailed safe reopening plan on file with the county.Wooten said San Diego County had made it to "tier 2," the only county in Southern California to earn that designation. The county still has a "substantial" COVID-19 presence, but unlike Orange, Riverside, Los Angeles and Imperial counties it is not considered "widespread."The two metrics the state was monitoring in that tier list include an old one -- the percentage of positive tests -- and a new one -- the number of daily new cases per 100,000 people. San Diego County is at 3.8% and 5.8 per 100,000 respectively. To make it to the next tier, the county must show rates of between 2% and 4.9% positive tests and between 1 and 3.9 new daily cases per 100,000 population.Because the county currently exceeds one of those numbers, it cannot start its path to the next tier.County Supervisor Nathan Fletcher said he felt the county was moving too quickly to reopen and should take a more measured response."My concerns are with the size, scope and speed of what is being reopened on Monday," he said. "While there are some lower risk entities that could safely reopen at this point, what we are doing is very similar to what we did in June with a large segment of indoor operations all opening at the same time. This led to a large increase in cases and required new restrictions."But even though I prefer a different path, the decision has been made and I will continue to work tirelessly to help us find a way to slow the spread, support our schools, and continue to help our community through this difficult time," Fletcher said.According to Wooten, there is a 21-day mandatory wait time before any county can move between tiers, and a county must meet the metrics for the next tier for two straight weeks. Also, a county may only move one tier at a time. 3777

SAN DIEGO (CNS) - A professional skateboarder and Encinitas resident who pleaded guilty last year to federal drug trafficking charges was sentenced Friday to five years of supervised release, with one year spent on GPS house arrest.Prosecutors had sought a 41-month prison sentence for Robert Lorifice, who pleaded guilty along with Elizabeth Alexandra Landis to charges involving the distribution and sale of heroin and methamphetamine.Lorifice's attorney, Stefano Molea, said his 32-year-old client's path to drugs began when he fractured his tailbone, a "particularly painful" injury that led to an opioid dependence and eventual heroin addiction.RELATED: Encinitas pro skateboarder, girlfriend admit federal drug trafficking chargesHis substance abuse and other physical issues stemming from his injury affected a skating career that previously garnered Lorifice sponsorships and participation in the X-Games, where he won three medals.Molea said Lorifice eventually "hit rock bottom" and "began associating with people that eventually led him down the path of selling drugs."Molea said Lorifice has gone through rehab, enrolled in school, and secured his first non-skateboarding job."Mr. Lorifice is extremely grateful to the court for believing in him and giving him a second chance," the attorney said, "He looks forward to helping those in the skateboarding community realize the dangers of drug use and has recently teamed up with the Ryan Bowers Foundation to work with kids with the hopes of showing them how skateboarding can be a healthy outlet to obtain and maintain their sobriety."RELATED: Three arrested in drug seizure at Encinitas homeProsecutors said Lorifice admitted selling drugs out of his home, and disposing of methamphetamine and other substances when investigators served a search warrant at his home in 2018.Investigators found 193 grams of meth, 231.6 grams of heroin, more than 800 Xanax pills, Roxicodone pills, marijuana and psilocybin mushrooms, along with materials used in drug sales, such as a digital scale, three cell phones and ,824 in cash, according to the U.S. Attorney's Office.Lorifice's home was searched again that December, and on that occasion, he attempted to flush a "tennis-ball sized chunk of methamphetamine down the toilet," according to the U.S. Attorney's Office. Authorities also seized around 31 grams of black tar heroin, 18 grams of meth and ,926 in cash from drug sales.Landis, described by prosecutors as Lorifice's then-girlfriend in a statement issued last year, is slated to be sentenced in January. 2579

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