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SAN DIEGO (CNS) - One of four men who pleaded guilty in connection with last year's shotgun slaying of a Pacific Beach resident was sentenced Friday to eight years in state prison.Freddy Sosa, 38, was sentenced for his role in the Dec. 29, 2018, death of 44-year-old MarcAnthony Mendivil, who was killed in a home in the 2300 block of Wilbur Avenue.Sosa's co-defendants, Carlos Yslas, 25; Pedro Ramirez, 28; and Paul Charles Weinberger, 51, await sentencing. Yslas and Ramirez pleaded guilty to voluntary manslaughter, while Weinberger pleaded to an assault with a deadly weapon count.RELATED: Three men plead guilty to Pacific Beach shotgun slayingYslas, who fired the fatal shots, faces up to 30 years in state prison when he is sentenced Jan. 10.Ramirez, who faces eight years in prison, is also due to be sentenced Jan. 10, while Weinberger is slated to be sentenced to up to four years in prison on Dec. 6.A probation report filed with the court indicates Mendivil was living at Weinberger's home at the time of his death.RELATED: Suspects in fatal Pacific Beach shooting to be arraigned; victim identifiedSosa had previously lived at the home, but was kicked out by Weinberger following a dispute, the report states.Mendivil then moved in, but soon after, Weinberger contacted Sosa asking him for help in removing Mendivil from the home for unspecified reasons, investigators were told. Weinberger told police he was drugged on the night of Mendivil's killing and forced to withdraw cash from his bank to pay Yslas and Ramirez, who were brought in to assist in forcibly removing Mendivil from the home, the document states.However, in the process of forcing Mendivil out, Yslas shot Mendivil twice, possibly because he thought the victim was reaching for a weapon, according to the report.RELATED: Man arrested in deadly stabbing outside of Pacific Beach 7-ElevenOfficers found Mendivil suffering from a gunshot wound when they responded to a 1:47 a.m. call of a possible shooting last Dec. 29, San Diego Police Lt. Matt Dobbs said.Paramedics took him to a hospital, where he was pronounced dead at 2:30 a.m., Dobbs said.Deputy District Attorney Flavio Nominati said during Yslas and Ramirez's arraignment earlier this year that both men entered the home masked and gloved. The men then fled the scene in a vehicle following the shooting, according to Nominati.Weinberger and Sosa were arrested the day of the killing, while Yslas and Ramirez were already in custody on unrelated charges when they were re- arrested and charged in February for their roles in the homicide. 2586
SAN DIEGO (CNS) - The San Diego Padres are scheduled to face an opponent at Petco Park for the first time in 2020 Monday, nearly four months later than planned, playing the Los Angeles Angels in an exhibition game.The March 26 start to the regular season -- which included the Padres opening day game against the Colorado Rockies at Petco Park -- was all wiped out by the coronavirus outbreak.Under the revised schedule which calls for the regular season to begin Thursday, teams can play up to three exhibition games. The Padres other exhibition game will be on Wednesday, also against the Angels, at Angel Stadium, in preparation for opening day Friday against the Arizona Diamondbacks at Petco Park."I think everybody's excited to play somebody else," Padres first-year manager Jayce Tingler told reporters in a Zoom conference Friday. "We've been banging heads for a while. It's going to be really good getting to see another team and just getting to go compete."The Padres played 16 intrasquad games since beginning "summer camp" July 3.Like most sporting events around the world, fans will be barred from attending Monday's game under public health directives prohibiting public events and gatherings.The game will be different from Padre games in past seasons for several reasons.Major League Baseball has instituted a set of health and safety protocols that will effect the game even before the first pitch. There will be no pre-game exchange of lineup cards. Instead, each team will input their lineup card into a mobile app provided by MLB.Umpires will then print lineup cards for both teams approximately 15 minutes before the first pitch. At the home plate meeting -- where participants will be 6 feet apart -- teams should confirm their lineups with the home plate umpire and inform him of any changes made since it was printed.Teams are required to provide expanded dugout and bullpen space.All non-playing personnel must wear face coverings at all times in the dugout and bullpen.The protocols call for players, umpires and other on-field personnel "to practice physical distancing to the extent possible within the limitations of competition and the fundamentals of baseball."When the ball is out of play, fielders are encouraged to retreat several steps away from the baserunner.If the batter is in the batter's box and the catcher needs to stand to relay signs to the infielders, the catcher can step onto the grass towards the mound to give the signs before assuming his position behind home plate.First and third base coaches should remain in or behind the coach's box and not approach a baserunner, fielder or umpire on-field.Players on opposite teams should not socialize, fraternize or come within 6 feet of each other before the game, during warm-ups, in between innings or after the game.Prohibitions against unsportsmanlike conduct will be strictly enforced to prevent unnecessary physical contact and support physical distancing between individuals on the playing field.Players or managers who leave their positions to argue with umpires, come within 6 feet of an umpire or opposing player or manager to argue or fight are subject to immediate ejection and discipline, including fines and suspensions.On-field personnel must stand at least 6 feet apart during the singing of the national anthem.Spitting is prohibited at all times in club facilities, including on the field.Players and all other on-field personnel must make every effort to avoid touching their face with their hands, including giving signs, wiping away sweat with their hands, licking their fingers and whistling with their fingers.Pitchers will be allowed to carry a small wet rag in their back pocket to be used for moisture in lieu of licking their fingers. Pitchers may not access the rag while on the pitching rubber and must clearly wipe the fingers of his pitching hand dry before touching the ball or the pitcher's plate.Water is the only substance allowed on the rag.MLB's Operations Manual calls for players to keep and use their own personal equipment, whenever possible, in order to minimize the amount of communal equipment touched by multiple players and other on-field personnel.Pitchers should bring their own rosin bag to the mound.After batting, players must retrieve their own equipment such as their fielding glove, cap and sunglasses from the dugout prior to taking the field, and should not have teammates, coaches, or other staff retrieve or toss them.Any communal equipment must be disinfected regularly throughout each game. Club personnel responsible for handling player equipment should change their gloves or wash their hands (or both) regularly during games. A player or coach should never handle another player's equipment.Any baseball that is put in play and touched by multiple players shall be removed and exchanged for a new baseball. After an out, players are strongly discouraged from throwing the ball around the infield.Baseballs used for batting practice should be cycled out at the end of each day and not be reused for at least five days.National League games will include the use of the designated hitter for the first time in an attempt to avoid pitchers being injured when they are batters or baserunners. The DH had been limited to American League games and interleague games when an American League team is the home team.Each half-inning of a game going into extra innings will begin with a runner on second base in an attempt to reduce long games and the strain they place on pitchers."We want to be a positive example of responsibly returning to work with extensive health and safety protocols," an MLB spokesperson told City News Service. "Our goals are to provide enjoyment and normalcy for sports fans during these unprecedented times."Garrett Richards will be the Padres starting pitcher, facing Angels right-hander Griffin Canning.Richards was limited to three September games in 2019 -- his first season with the Padres after spending the first eight seasons of his major league career with the Angels -- as he recovered from Tommy John surgery performed in 2018 to repair a damaged ulnar collateral ligament.Canning was 5-6 with a 4.58 ERA in 18 appearances -- 17 starts -- as an Angel rookie in 2019, going on the injured list twice and having his season end Aug. 18 because of right elbow inflammation. 6362

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) - The Port of San Diego's Board of Port Commissioners announced its approval Thursday of a 15-year extension for the San Diego Symphony Association's lease at Embarcadero Marina Park South. The lease, approved Wednesday, includes three 10-year options and one five-year option, allowing the association to lease the park for up to 50 years. The association currently uses the park land for its Bayside Summer Nights concert series, which it started in 2004. The concert series is held on a temporary stage that is assembled and disassembled each year. Later this year, the association hopes to break ground on the Bayside Performance Park project that would include construction of an open-air performance venue with seating for 10,000 as well as various improvements to park features like benches and basketball courts. The new venue also would serve as the permanent location for Bayside Summer Nights. ``The San Diego Symphony is investing a minimum of million in improvements, including many public amenities and better performance facilities, creating a new, year-round attraction on the San Diego Bay waterfront,'' Board Chairman Garry Bonelli said. ``We're confident concert-goers will love the improved access and state-of-the art stage and sound system, and bayfront visitors will love the new and improved part.'' The stage will be designed by London-based company Soundforms, according to the association. The stage will be feature an acoustically engineered shell made of tensile white fabric and will complement the look of the nearby San Diego Convention Center. The venue will remain open to the public year-round as part of Marina Park South. ``I want to recognize the incredible partnership that has existed over the past four-and-a-half years between the Port of San Diego, the California Coastal Commission and the San Diego Symphony Orchestra,'' San Diego Symphony CEO Martha Gilmer said. ``The work we have accomplished together to create and activate a public performance park will be transformative and have lasting impact to San Diego residents and visitors.'' The lease extension is the last major step in the project's approval process, according to symphony officials. With the extension complete, ground-breaking on the project may happen by September. 2308
SAN DIEGO (CNS) - The San Diego Padres allowed an unearned run in the first inning of a 1-0 loss to the Los Angeles Angels Monday evening in their first exhibition game at Petco Park in 2020.Like most sporting events around the world, fans were barred from attending under public health directives prohibiting public events and gatherings.Angels reliever Keynan Middleton took a knee and clenched his right fist above his head during the playing of the national anthem.David Fletcher scored the lone run from second base when pitcher Garrett Richards fielded a ground ball by Tommy La Stella and threw to second base in an attempt to start a double play and the ball went into center field.Fletcher singled on a 1-2 slider leading off the inning and moved to second on Mike Trout's walk.The Padres were 0-for-6 with runners in scoring position and did not have a runner reach third base.The Padres were outhit, 7-6. Edward Olivares, the No. 9 hitter in their lineup, had the Padres only extra-base hit, a one-out double in the third, but was unable to advance as Fernando Tatis flew out and Trent Grisham grounded out.The Padres also had runners reach second in the sixth and seventh innings.Tatis singled leading off the sixth. Pinch-runner Jake Croneworth moved to second on Grisham's ground out, but Manny Machado and Tommy Pham struck out to end the inning.Eric Hosmer singled leading off the seventh. Pinch-runner Josh Naylor went to second one out later on Hansel Robles' wild pitch.Jurickson Profar walked to give the Padres runners on first and second but Austin Hedges and Olivares struck out to end the inning.Richards (0-1) allowed five hits in 4 2/3 innings, striking out five and walking one in his third appearance in an exhibition game in 2020.Richards was limited to three September games in 2019 -- his first season with the Padres after spending the first eight seasons of his major league career with the Angels -- as he recovered from Tommy John surgery performed in 2018 to repair a damaged ulnar collateral ligament.Angels starter Griffin Canning (1-0) allowed three hits in six innings, striking out five and walking two.Ty Buttrey, the Angels fourth pitcher, allowed a single to the second batter he faced in the ninth, pinch-hitter Webster Rivas, but got Greg Garcia to fly out and pinch-hitter Owen Miller to ground out for his first save in exhibition play in 2020.The Padres will play one more exhibition game -- Wednesday, also against the Angels, at Angel Stadium, then begin the regular season Friday against the Arizona Diamondbacks at Petco Park. 2587
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