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SAN DIEGO (KGTV) — A judge has issued a temporary restraining order against the City of San Diego, barring them from removing pepper trees in Kensington.The trees are more than 100 years old, planted when the neighborhood was first marketed as a housing development in the early 1910s. While the neighborhood was once filled with them, resident Maggie McCann estimates there are only about 33 left.“I think they are pretty looking,” said McCann. “They’re part of the fabric of the neighborhood.”McCann was one of the residents who filed the TRO against the city. She said she has been working for more than a year to designate the remaining pepper trees as “Heritage Trees” and “Parkway Resource Trees” under the City’s Conserve-a-Tree program.When she heard a pepper tree on the 4500 block of Edgeware Road had been cut down on Monday, she rushed to process the TRO.“We don’t know why these trees are being cut down,” said McCann.McCann suggested it may be related to a plan to bury SDGE utility lines in the neighborhood, but the City of San Diego denies that claim.In a statement to 10News, a city spokesperson said the tree that was cut down Monday had been “evaluated more than a year ago as part of a project to repair a damaged and uneven sidewalk caused by the tree’s growth. Noticeable decay and deteriorating tree structure were also observed during the evaluation and the adjacent property owner was notified at that time.”On Tuesday, the remnants of the trunk remained on Edgeware Rd. Decay could be seen in the interior part of the tree, though much of the large trunk appeared to be healthy.“The tree really didn’t need to be removed,” argued McCann.But the city said their decision was more about damage to the sidewalk than whether the tree could have survived a few more decades.“In this instance, the imperative to make the sidewalk safer for residents was weighed against the city’s desire to preserve neighborhood trees and continue to grow our urban canopy. Due to the tree’s damaging impact to the adjacent sidewalk and its decaying state, the decision was made to remove it in order to preserve public safety,” wrote the city spokesperson.A resident on the block said the sidewalk had been recently replaced. The new pavement had been cut around the tree and was undamaged.Several other pepper trees in Kensington have been marked for removal. On Tuesday, McCann walked the streets, posting copies of the TRO on the trees.The fate of those trees remains unknown. A city spokesperson said, “the city looks forward to working with the community and Council office on this matter.” A court hearing on the TRO is scheduled for Feb. 7. 2661

SAN DIEGO (KGTV) - A heart transplant saved his life but took away a San Diego doctor's ability to treat his patients. That is until technology gave him that back too. "I can't be around sick people because the immunosuppressant medications I have to take for the rest of my life will cause me to get sick much more easily," said Dr. Murray Alsip.For five long months, Dr. Alsip sat in the ICU, waiting for a heart. He'd been living with a serious heart condition for 17 years. After several false alarms, his call finally came. The doctor would soon receive 20-year-old Mathieu Bergeron's heart; the young man died tragically in a skateboarding accident. Alsip was able to meet his donor's mother eight months after the transplant. "She's such a wonderful person, a giving and caring person. That meeting was wonderful, she had so much to say about him and the things he liked to do and about the person he was and about his energy," said Dr. Alsip. With his new heart beating strong, Alsip could once again do many of the things he loved, liked hiking. And while he could no longer practice in an office, Alsip knew he had to continue practicing medicine somehow. So he looked into a more modern form of medicine and discovered the telemedicine provider MDLive. Working from home, Dr. Alsip can help patients with over 50 routine medical conditions, like sore throat, common cold, and fever."I'm just happy to be out there seeing people again, being a physician in the way that I trained."He's able to help people every day, fulfilling the very reason why he got into medicine. "To be able to actually help people again is a wonderful feeling."Dr. Alsip was able to meet his donor's family through Lifesharing San Diego. The nonprofit encourages everyone to consider becoming an organ donor; one donor can heal up to 75 people. 1837

SAN DIEGO (KGTV) — A San Diego High School teacher said she warned her school administration about the behavior of a former teacher nearly a year before he was arrested.According to a recently filed lawsuit, Vanessa Montgomery alleged Juan Carlos Herrera engaged in a continuous course of sexually harassing conduct. The lawsuit states, "On a near-weekly basis, Herrera made comments about Ms. Montgomery's dress, looks, and body."Herrera, formerly a special needs curriculum instructor, was sentenced to 10 years in state prison earlier this month. In August, Herrera pleaded guilty to 11 felonies, including lewd acts on a child and assault. Montgomery said she first met Herrera in 2016. She was new on campus."I was basically just trying to survive and learn things along the way," Montgomery explained.Montgomery said she had her first uncomfortable encounter with Herrera just a few months on the job."I just want to let you know that the dress you're wearing and the outfit you have looks really good, and it hugs your body really well," Montgomery said Herrera told her.Last week Montgomery filed a lawsuit against Herrera and the San Diego Unified School District alleging sexual harassment and failure to prevent sexual harassment.Based on the lawsuit, "Herrera's sexually harassing comments included: Remarks that Ms. Montgomery's clothes made her 'curves look good;' remarks that Herrera would do anything for Ms. Montgomery as long as she wore 'those shorts;' and a comment and attendant gesture suggesting Ms. Montgomery needed to hold her chest when walking down stairs to stop her breast from bouncing."Montgomery shared with Team 10 Investigator Adam Racusin that she felt "very uncomfortable all the time," around Herrera.Montgomery said words eventually escalated to touching. In her lawsuit, she described an occasion where she spilled coffee on her shirt. She states Herrera took a toothpick out of his mouth and pushed on her breast where the stain was located with his toothpick."He took it out, put it back in his mouth and winked at me, smiled and walked away," she said.Montgomery said she took her concerns to her supervisor, the vice principal at the school. She said she had a face-to-face conversation and also sent an email in May 2018.According to the email obtained by 10News, Montgomery wrote, "I would like to inform you about some issues that have occurred in the last couple of years with Juan Herrera. I have decided to report sexual harassment against Herrera."The email described four incidents in three years.In the email she also detailed Herrera's interactions with female students, writing, "Herrera always has a group of young girls around him. He pulls them out of class to offer support which makes me wonder what has he said to them. He is normally in a classroom with the girls and without another teacher. I know he means well but the comments that I have shared above make it hard to trust him."That email was sent nearly a year before Herrera was arrested."He'd be working with groups of girls in classrooms alone with the door closed," Montgomery said. "I witnessed that multiple times."Prosecutors said Herrera assaulted an unnamed victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old. He was arrested in May 2019. "The HR (human resources) office had no documents related to complaints that were made by Ms. Montgomery and they had no intention of investigating any of those complaints, and that was even after Mr. Herrera was arrested," Montgomery's attorney Andrew Hillier said.Hillier said when an organization becomes aware that an employee has reported sexually harassing behavior, the organization has a responsibility to investigate. He said they also have to take some sort of temporary remeasures to ensure it stops and if its warranted take permanent measures."The allegation is sexual harassment of course, but it's also a failure on the part of the district to step in once they became aware of the harassment," Hillier said.According to the lawsuit, the district did not interview Montgomery. "To Ms. Montgomery's knowledge, SDUSD did not interview anyone in relation to her complaint. SDUSD did not make Ms. Montgomery aware of any temporary or permanent remedial measures the district put in place to address Herrera's harassment," the lawsuit stated.Montgomery said the harassment continued until Herrera was arrested.A spokesperson for the school district didn't answer any of our questions about Montgomery's allegations. Instead, responded with the statement: "The district does not comment on pending litigation."10News has attempted to get in touch with Herrera to see if he has a comment about the lawsuit, he declined our request to speak with him. 4798

SAN DIEGO (KGTV) - A pair of recent cyber-attacks on Southern California school districts has shown a new front in the war against computer criminals. Hackers have started to target schools and school districts for ransomware attacks."What they're looking for, ultimately, is money," says Kierk Sanderlin, the Head of Engineering for Check Point, a cyber-security firm.Sanderlin says the hackers will spend months using malware and fishing campaigns to gain access to computer systems. Then, when the time is right, they'll launch the ransomware attack, shutting down the system and demanding a ransom to restore access."They want to impact the environment in such a negative way, at such a critical time, that you will be willing to pay," says Sanderlin.Over the weekend, the San Bernardino School District had its servers shut down by a ransomware attack. And in August, San Dieguito Schools lost the ability for parents to register their students for classes because of an attack.Sanderlin says there have been 50 similar attacks on schools throughout the country in 2019.Sanderlin says the criminals typically want to make money from the ransom. But, he warns they can also use their access to the systems to steal the personal information of students, teachers and families.If they do that, Sanderlin says they can sell the information on the dark web, making people vulnerable to identity theft."All of that intellectual property, identification for student records, social security numbers, anything they can mine and sell on the dark web, they're going to do that," he says.School districts have become easy targets because many of them don't upgrade their cyber security frequently enough. Sanderlin compares it to fighting a modern war with antique weapons."We have to start treating cyber-security as something that's far more important than we have in the past," he says. "We can't be an ostrich sticking our head in the ground anymore. We have to realize this is important and do it the right way."He says parents need to become advocates for better cyber security, urging districts to invest in upgrades to protect their networks. He also advises people to use dark-web monitoring services. Those regularly scan the dark web to see if your personal information is for sale.Both San Bernardino and San Dieguito say their students' information was not stolen in the recent attacks. They're working with police to investigate the issue. 2455

SAN DIEGO (KGTV) - A new Dunkin’ Donuts owned by San Diego veterans opens downtown Wednesday morning.The store is located at 225 Broadway, near Horton Plaza.The donut shop has a full menu of Dunkin’ Donuts items including coffee, baked goods, and sandwiches.During the grand opening, guests will receive free samples, giveaways, and take photos with the Dunkin’ Donut mascot ‘Cuppy’. 391

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