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reases is wrong, as these sectors continue to do the right things, while trying to weather the ongoing pandemic and the back and forth of reopenings," Wooten's request states.Deputy Attorney General Jonathan Eisenberg, representing the state, said Wooten's conclusions were based on case numbers that have since increased and cited statements she made during a Nov. 17 San Diego County Board of Supervisors meeting, which drew a different conclusion.During the meeting, Wooten said "the numbers have expanded" since she made her request to the state."We couldn't in good conscience create that same argument since that adjudication submission was sent to the state," Wooten said while answering questions from the Board of Supervisors.Eisenberg called the recent spike in cases "an unprecedented surge" with record numbers being reached at the state, local and national level.Saying the lawsuit was based on outdated figures, Eisenberg cited a study submitted to the court which he said indicated full-service restaurants and gyms are "the top spreader locations" of virus infections.Katz argued that study was done early in the pandemic and without taking the sanitation measures businesses have implemented into account.Katz said restaurants and gyms are being punished despite adhering to the state's guidelines and said the state's reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn't backed by science.The businesses allege in their complaint that they may be forced to close permanently if indoor operations don't resume, and that outdoor and takeout service will not make up for the economic losses incurred thus far.While Eisenberg acknowledged that businesses are suffering from "great economic hardship," he said "the balance of harms here is overwhelmingly in favor of keeping these restrictions in place."Cowboy Star Restaurant and Butcher Shop sent ABC 10News the following statement after the judge's ruling. 4120

SAN DIEGO (CNS) - CVS Health announced Thursday it is expanding its COVID- 19 no-cost testing program by adding 35 more test sites at select CVS Pharmacy drive-thrus across California, including three locations in San Diego County, amid a surge in new coronavirus cases.The opening of additional test sites on Friday adds to the 107 locations previously opened statewide, including 14 in San Diego County.The nearly 200 additional test sites opening across the country this week are among the more than 1,400 locations CVS Health has opened since May and expand the company's testing capacity to more than 1.5 million tests per month, subject to availability of supplies and lab capacity, according to President and CEO Larry J. Merlo.Nearly 60% of the company's 1,400 test sites across the country, including 81% of sites in California, are in counties that serve communities with the greatest need for support, as measured by the Centers for Disease Control and Prevention's Social Vulnerability Index.The index tracks a variety of census variables, including poverty, lack of access to transportation and crowded housing that may weaken a community's ability to prepare for and recover from hazardous events like natural disasters and disease outbreaks.Self-swab tests will be available to individuals meeting U.S. Centers for Disease Control and Prevention criteria, in addition to state and age guidelines.Patients must register in advance to schedule an appointment at https://www.cvs.com/minuteclinic/covid-19-testing.Patients will be required to stay in their cars and will be directed to the pharmacy drive-thru window or a location in the parking lot at a few stores, where they will be provided with a test kit and given instructions, and a CVS Pharmacy team member will observe the self-swab process to ensure it is done properly.Tests will be sent to an independent, third-party lab for processing and the results will be available in about three days.Testing will not take place inside any retail locations, and CVS Pharmacy, HealthHUB and MinuteClinic will continue to serve customers and patients.The testing sites opening Friday in San Diego County are located at the following CVS pharmacies:1810 Main St., Ramona;6265 El Cajon Blvd., San Diego; and800 Palm Ave., Imperial Beach.Previously opened San Diego County testing sites are located at CVS pharmacies at:2650 Gateway Road, Carlsbad;4615 Frazee Road, Oceanside;1980 College Blvd., Oceanside;9225 Twin Trails Drive, San Diego;1302 W. Mission Road, San Marcos;997 Woodland Parkway, San Marcos;635 S. Melrose Drive, Vista.7740 Rancho Santa Fe Road, Carlsbad;163rd Avenue Extension, Chula Vista;645 E. Palomar St., Chula Vista;1299 Broadway, El Cajon;572 Fletcher Parkway, El Cajon;14589 Camino Del Norte, San Diego; and3350 Palm Ave., San Diego. 2824

SAN DIEGO (CNS) - A San Diego woman and former contract employee with the state's Employment Development Department was charged with a dozen federal wire fraud and identity theft counts Thursday stemming from allegations that she conspired with her prison inmate boyfriend to steal hundred of thousands of dollars in pandemic unemployment aid.Nyika Gomez, 40, was employed by an EDD contractor as a call center agent assisting people in processing their unemployment insurance claims.According to the U.S. Attorney's Office, Gomez submitted false unemployment insurance claims using personal identifying information she acquired from inmates, with the help of her boyfriend, an unidentified inmate serving a 94-year-to life sentence for murder at California State Prison, Sacramento.Gomez's boyfriend also allegedly helped her buy stolen personal identifying information from out-of-state residents to submit additional false unemployment claims.The benefits were allegedly paid out in the form of debit cards, which were mailed to Gomez's residence or the home of someone working with her. She allegedly returned some of the proceeds to inmates by transferring money to their prison accounts.Gomez was arrested Wednesday at her home and made her initial court appearance Thursday afternoon.The case comes as state investigators are looking into allegations of hundreds of millions of dollars of fraud allegedly committed by inmates at state prisons and local jails."Pandemic unemployment insurance programs are a critical part of our safety net designed to support hardworking citizens who are suffering during this unprecedented time," said U.S. Attorney Robert Brewer."Fraud related to COVID-19 is particularly disturbing as it exploits a national crisis for personal gain." 1785

SAN DIEGO (CNS) - A man who fatally stabbed his 66-year-old uncle during an argument in their Pacific Beach condominium was sentenced Monday to 15 years to life in state prison.Randy Bautista Baisa, 39, pleaded guilty to a second-degree murder charge in connection with the 2018, killing of Merlino Bautista. Authorities said the defendant and the victim lived together.Prosecutors said Baisa -- who has significant mental health issues, according to the prosecution and defense -- stabbed his uncle 16 times, mostly in the back. One stab wound to the left arm severed an artery, the prosecutor said.Baisa previously pleaded not guilty by reason of insanity but withdrew that plea in May.RELATED: Nephew arrested, accused of stabbing uncle to death in Pacific Beach apartment complexA neighbor at The Plaza Condominiums complex on Diamond Street called 911 in the early morning hours of Jan. 17, 2018, after the mortally wounded Bautista knocked on the door asking for help.Bautista was on the ground of a second-floor hallway when officers arrived on scene and immediately began administering medical aid, police said.He was taken to Scripps Memorial Hospital in La Jolla, where doctors pronounced him dead.Police found Baisa -- who they believed stabbed Bautista inside their residence -- at the complex and arrested him. 1331

SAN DIEGO (CNS) - A man was sentenced to 50 years to life in prison Friday for the car-to-car shooting death of a 16-year-old boy on a San Diego freeway nearly 20 years ago -- the second time the defendant has been sentenced for the killing.Phong Huynh, 42, was convicted in May of murder and firearm allegations for the Feb. 13, 2000, slaying of Nghia Tan Pham. Huynh was previously convicted of the killing in 2015 and sentenced to 50 years to life behind bars, but an appeals court panel overturned that conviction, leading to this year's retrial.Pham was struck in the head by one of about a half-dozen shots fired at the car he was driving on southbound Interstate 15, north of state Route 52. The case went unsolved for more than a decade until Huynh, who was living in Montana, was identified as a suspect.Both the prosecution and defense said Pham was killed in retaliation for a fight he was involved in at a San Diego pool hall, in which he inadvertently bumped a man with a pool cue while lining up a shot at a billiards table. The fight triggered another altercation days later at an area coffee shop, then the shooting of Pham, which occurred about a week after the pool hall fight.Deputy District Attorney Christopher Lawson said Huynh was friends with two men injured in the fight, while Huynh's attorney, William Nimmo, claimed his client was not present at the brawl, nor at the coffee shop.On the night of the shooting, Lawson said Huynh had a driver follow Pham as the victim drove onto the freeway, then fired on him from the front passenger seat. The prosecutor said Huynh fled to Michigan six weeks after the teen's death.The driver of the car had no idea Huynh was planning to kill Pham on the night of the shooting and declined to come forward for more than a dozen years out of fear, Lawson said, but eventually told authorities what happened after being overcome by guilt. Other witnesses also told police that Huynh bragged about committing the killing or threatened others that they might be next, Lawson said.Nimmo countered that the driver and Huynh did not like each other and he would never agree to drive Huynh in the first place, as the prosecution contended.Nimmo claimed that a pair of San Jose-area gang members were in San Diego and were on the run due to an attempted murder drive-by shooting they committed in the Bay Area. He alleged that those men lost the fight at the pool hall, and their humiliation over the altercation triggered a chain of events that led to Pham's killing.At Friday's sentencing, Nimmo requested that San Diego County Superior Court Judge Amalia L. Meza strike a 25-years-to-life gun enhancement due to Huynh's age at the time of the offense, his lack of criminal history between the shooting and his arrest, and that the gun enhancement served little purpose and doled out unnecessary punishment when other homicidal methods such as strangulation would be far more tormenting for a victim.Deputy District Attorney Christopher Lawson called the shooting "an assassination" that he described as "cold-blooded," "calculated," "pointless" and "senseless," and said Huynh displayed "a total lack of remorse" throughout the case.Meza declined to strike the enhancement, citing the terror and fear the killing caused throughout San Diego's Vietnamese community.An appellate court panel overturned Huynh's 2015 conviction on several factors, including that the defense was not allowed to postpone a portion of the trial in order to produce a key witness.The three-justice panel also ruled that Huynh should have been allowed to introduce evidence that some of the prosecution's witnesses were associated with a gang that frequented the pool hall and coffee shop. Huynh was accused of confessing to killing Pham -- an associate of some of the gang's members -- at one of the suspected gang members' homes, something his first trial lawyer characterized as "so highly improbable as to be ridiculous," according to the court's ruling.The gang evidence was not allowed to be presented at trial, as it was ruled to have no bearing on Huynh's alleged motive, but the appellate court ruled that its introduction would have allowed for "a materially different understanding of the relationships between the relevant individuals." 4287