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SAN DIEGO (CNS) - The parent company of niche dating sites, including Christian Mingle, agreed to pay 0,000 in penalties and nearly million in refunds to customers whose subscriptions were automatically renewed to settle a consumer protection action, San Diego County District Attorney Summer Stephan announced today.The judgment filed in Santa Monica Superior Court will be shared equally among a task force of California prosecutors that also included district attorneys from Los Angeles, Santa Clara and Santa Cruz counties, as well as the city attorney of Santa Monica.The dating sites for Spark Networks USA, LLC, were automatically renewing customer payments without their express prior consent as required by federal and state law, among other alleged violations of law, according to the task force.RELATED: Donald Daters: New dating app aims to 'Make America Date Again'``Consumers always have the right to know where their money is going and companies must comply with California's laws in order to ensure that consumers understand certain transactions will renew automatically,'' Stephan said. ``This joint effort is a great example of how our Consumer Protection Unit works to protect people from unfair business practices in the marketplace and ensure that California's consumer protection laws are followed.''The judgment requires Jdate, Christian Mingle, and all of Spark's other dating sites to have full transparency with consumers about automatically renewing memberships.The company now must: -- clearly and conspicuously disclose the renewal terms; -- get consumers' consent, through a separate check box (or similar mechanism) that does not include other terms and conditions; -- send a clear summary of the renewal terms after consumers pay; and -- allow consumers to cancel easily.Spark Networks cooperated with the task force to reach the resolution.According to prosecutors, online ``subscriptions'' and other automatically recurring charges have proliferated in the United States in recent years.Some renewals come after ``free trials,'' where consumers need to cancel in time to avoid the charges. Federal and state law requires businesses to make auto-renewals clear to consumers, and to get their ``express, affirmative consent'' before collecting any money. However, many businesses still don't follow the law, prosecutors said. 2376

SAN DIEGO (CNS) - The father of two children who died in a Rancho Bernardo condominium fire fell asleep while drunk with a lit cigarette in his hand and then abandoned his kids to try and save himself, a prosecutor said Tuesday, while a defense attorney told jurors that a defective cell phone was a far more likely ignition source. Jurors heard final summations, then began deliberating the charges against Henry Lopez, 39, who is charged in the Oct. 28, 2017, deaths of his 7- year-old daughter Isabella and 10-year-old son Cristos. He faces up to 14 years in prison if convicted of involuntary manslaughter, child endangerment and reckless fire starting. Deputy District Attorney Kyle Sutterley alleges that Lopez got drunk following an argument with his girlfriend, fell asleep and ignited a blaze in his bed. The prosecutor alleges that Lopez, upon waking to find the condo ablaze around 3:15 a.m., went past the children's bedrooms on his way down the stairs and punched out a first-floor window to try and escape the flames. He then went back upstairs and started pounding on the walls, then passed out from the smoke at the top of the stairs, where firefighters later found him, Sutterley said. According to the prosecutor, Cristos walked into his father's burning bedroom, laid down on the floor and died of burns to more than 80 percent of his body. Isabella went into her brother's room, laid down on the bottom bunk bed and ``fortunately never woke up'' after passing out due to smoke inhalation, Sutterley said. ``A parent has a responsibility to care for their children, a responsibility to protect their children, and if need be, to sacrifice themselves for their children. And Henry Lopez, on Oct. 28, 2017, he failed his children, and as a result, one of them burned to death, and one of them went to sleep and never woke up,'' Sutterley said in his closing argument. Defense attorney Paul Neuharth Jr. alleges it was more likely that his client's iPhone 6 caused the blaze while it was charging beneath Lopez's pillow. Neither cigarette butts, nor the phone, were found in the remnants of the blaze. Sutterley said investigators located a drinking glass within the area where the fire started, which may have been used as a makeshift ashtray. Prosecutors say a similar glass full of around 75 discarded cigarette butts was located in a trash can in the home's garage. However, no cigarette butts were found inside the glass in the bedroom. Neuharth told jurors there was no proof that a lit cigarette started the fire, with the only evidence of smoking inside the home coming from the defendant's ex-wife, Nikia, who said she once witnessed him smoking marijuana in his bed. Lopez told investigators he only smoked on his outside patio and never inside the house, particularly due to his son's asthma. Wayne Whitney, an investigator with the San Diego Fire Rescue Metro Arson Strike Team, testified last week that despite the lack of cigarette butts in the burned bedroom, he was able to make a ``reasonable inference'' that cigarettes sparked the fire, by way of Lopez's alleged smoking habits. Whitney conceded that the cell phone was a possible cause of the fire, but said he didn't believe it would have ignited the condo fire if it were under Lopez's pillow, as a lack of oxygen would have smothered the blaze and kept it from spreading. Sutterley said the burns Lopez sustained on his back, arms and particularly his hand were more consistent with holding a lit cigarette, rather than a cell phone igniting beneath his pillow, which Sutterley argued should have caused burns to Lopez's head. Neuharth emphasized that Whitney came to his conclusion despite no evidence that Lopez smoked in the home that day, while on the other hand, cell phone records proved the phone was in the condo, though it's unknown whether it was in Lopez's bedroom. Wall outlets and candles in Lopez's bedroom were ruled out as potential causes of the blaze, as they were outside the area where investigators believe the fire began. Smoke detectors in Lopez's bedroom and one of the children's rooms were unplugged or removed, according to Sutterley, who said Lopez had a 0.229 blood-alcohol content when blood was drawn at a hospital less than two hours after the fire. Neuharth contested the idea that Lopez did not do whatever he could to try and save his children, telling the jury that the defendant went back upstairs and beat a hole in the wall in attempt to get to the youngsters' rooms amid thick smoke filling the condo. The attorney argued that had it not been for the timely arrival of firefighters, Lopez, too, would have died from smoke inhalation. ``What more can you ask of a parent than to give their life and if not for whatever matter of seconds it would have been or a minute before he was brought out and resuscitated, he would have been dead along with the children,'' Neuharth said. Sutterley argued Lopez's first instinct was selfishness and self- preservation, as ``he was so deep into a bottle of whiskey and a cigarette that he forgot (the children) were there or abandoned them on purpose. But either way, as a parent, your first thought is to save your children. Your first thought is to your kids. It's not to yourself. It's not to the front door. It's to save your children.'' 5315

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

SAN DIEGO (CNS) - The San Diego County Health and Human Services Agency is working in close collaboration with MiraCosta College and San Diego City College officials to notify people who were possibly exposed to tuberculosis in two unrelated cases.The period of possible exposure at the MiraCosta College Community Learning Center, 1831 Mission Ave, Oceanside, was from August 20, 2018 to November 15, 2018. No-cost testing will be offered to identified students on December 12, 2018 from 5:30 p.m. to 7:30 p.m. at the Community Learning Center campus.The potential exposure at San Diego City College, 1313 Park Blvd, San Diego, was from September 14, 2018 to October 10, 2018. No-cost testing for identified students will take place on Thursday, December 13, 2018 from 6:00 p.m. to 8:30 p.m. at the college.For both exposures, identified faculty and staff will be tested by their respective occupational health programs.“Symptoms of active tuberculosis include persistent cough, fever, night sweats and unexplained weight loss and can be treated and cured with medication,” said Wilma Wooten, M.D., M.P.H., County public health officer. “Most people who are exposed do not become infected but those who are can prevent disease by taking medication.”For people with symptoms of TB, or who are immune-compromised, it is important that they see their medical provider to rule out TB.If you would like more information on this potential exposure are asked to call: MiraCosta College Community Learning Center at (760) 795-6675San Diego City College at (619) 388-6922County TB Control Program at (619) 692-8621The number of annual TB cases in San Diego County has decreased since the early 1990s and has stabilized in recent years. There were 258 cases reported in 2016 and 237 in 2017. To date, 188 cases have been reported in 2018. 1838

SAN DIEGO (CNS) - San Diego County and the rest of Southern California will fall under sweeping new health restrictions Sunday evening due to the rapidly increasing number of hospitalizations from the coronavirus, state officials said.A state-mandated "regional stay-at-home" order goes into effect at 11:59 p.m. Sunday evening, triggered when intensive-care unit bed availability remained below 15% after Saturday's daily update, according to the California Department of Public Health.The 11-county Southern California region's available ICU capacity was 12.5% Saturday, a decrease from 13.1% the day before. The ICU capacity Sunday for the region was 10.3%. San Diego County had 19% of its ICU beds available as of Sunday.On Saturday, the county reported 30 new hospitalizations, bringing the total to 4,836. Four more patients were placed in intensive care, bringing the total to 1,065.The Southern California region consists of San Diego, Orange, Los Angeles, Riverside, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.The stay-at-home order will be in place for three weeks and will bar gatherings of people from different households. Regions will be eligible to exit from the order on Dec. 28 if ICU capacity projections for the following month are above or equal to 15%.San Diego County reported 1,703 new cases of COVID-19 and seven additional deaths Sunday.That brings the total number of cases to 92,171 and 1,062 total deaths.County Supervisors Chairman Greg Cox said the three-week stay-at-home order was tough to take."There's no way around it," Cox said during a special Saturday briefing. "It stinks."But in recent weeks, the county has experienced a rise in the number of coronavirus cases, hospitalization rates and the use of ICU beds, Cox said."We know the timing could not be worse," because of the holidays, Cox said. "But we know better days are ahead," he added, referring to the arrival of vaccines.Supervisor Nathan Fletcher said county residents are facing a tough situation."But COVID-19 is a tough virus," Fletcher said. "This is the toughest fight we've had to face during the pandemic. But hope is on the horizon with a vaccination, but it's not here now."Fletcher said the county faced an unprecedented situation."We don't have a choice," Fletcher said. "It is a deadly pandemic that is ravaging our community."San Diego's outgoing Mayor Kevin Faulconer tweeted, "Our small businesses aren't being treated fairly. Restaurants made good faith efforts to comply with COVID rules. Now the rules are changing once again. If the Governor shuts restaurants down, it's only right the state compensates them for the costs incurred moving outdoors."Supervisor Jim Desmond attacked Newsom's approach."This 'regional' approach is absurd," Desmond said in a statement. "We are being lumped into the `Southern California' region with jurisdictions as far as San Luis Obispo and Mono County. And, San Diego County is at 23% capacity, well above the 15% requirement."If you count our available overflow ICU beds then we are at 36% capacity. I was hopeful when the governor announced he was focusing on ICU and hospital capacity, however, he's missed the mark, once again. The governor and state did not consult with San Diego County and unilaterally implemented a regional approach that unfairly puts people out of work. Again, San Diego did not have an opportunity to review and provide input and did not agree to this system."Under the order, the following businesses/recreational facilities will be forced to close:-- indoor and outdoor playgrounds;-- indoor recreational facilities;-- hair salons and barbershops;-- personal care services;-- museums, zoos, and aquariums;-- movie theaters;-- wineries;-- bars, breweries and distilleries;-- family entertainment centers;-- cardrooms and satellite wagering;-- limited services;-- live audience sports; and-- amusement parks.Schools with waivers will be allowed to remain open, along with "critical infrastructure" and retail stores, which will be limited to 20% of capacity. Restaurants will be restricted to takeout and delivery service only. Hotels would be allowed to open "for critical infrastructure support only," while churches would be restricted to outdoor only services. Entertainment production -- including professional sports -- would be allowed to continue without live audiences.Some of those restrictions are already in effect in select counties.California has grouped its counties into five regions: The Bay Area, the Greater Sacramento Region, Northern California, the San Joaquin Valley and Southern California.The state reported Sunday that the Bay Area's ICU capacity is at 24.1%, Greater Sacramento at 18.2% and Northern California at 26.5%.The San Joaquin Valley will join the Southern California region in the new shutdown protocol Sunday night, as its ICU capacity dropped to 6.6% on Sunday. It was at 8.6% on Saturday.The state's full stay-at-home order can be read online here. 5023

来源：资阳报