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ENCINITAS (CNS) - The family of three women killed last summer when a multi-ton section of sandstone collapsed onto them at Grandview Surf Beach have a filed a lawsuit against the city of Encinitas, the state of California, and a local homeowners' association, while also calling Wednesday on legislators to support a bill aimed at preventing future coastal bluff collapses.Family members of Julie Davis, 65; her 35-year-old daughter, Anne Clave; both of Encinitas, and Davis' 62-year-old sister, Elizabeth Charles of San Francisco, said little has been done to improve conditions or beachgoer safety more than a year after their loved ones were killed.Moreover, during Wednesday's news conference announcing the lawsuit, attorneys alleged that the city knew of the dangers regarding the cliff's instability for decades, but did not take the necessary measures to prevent the erosion that contributed to the fatal bluff collapse on Aug. 2, 2019, nor do enough to warn beachgoers of the hazards.Encinitas officials did not immediately return a request for comment.In an email, a spokesperson for the California State Parks said: California State Parks is not able to comment on pending litigation.The three victims and other family members gathered at the beach for a celebratory occasion, as Charles had recently recovered from breast cancer. A portion of the cliff collapsed on top of them just before 3 p.m., "crushing the decedents in front of their loved ones and family members," according to the complaint filed Tuesday alleging wrongful death and negligence.Attorneys say several factors contributed to hazardous groundwater seepage in the area, including increased urban development, poor storm drain and irrigation management, and the continued growth of non-native plants along the bluff.Deborah Chang, one of the attorneys representing the family, said those conditions made the bluff a "ticking time bomb" for a collapse like the one that killed the three women."It wasn't a question of if something was going to happen, but when," Chang said.Development in the area diverted groundwater into other areas of the bluff, weakening its stability, according to the lawsuit.An irrigation system that was to be removed remains in place Wednesday, while non-native plants allowed to flourish in the area have accelerated the erosion and instability of the cliffs, the complaint states.Additionally, the complaint alleges that a defective drainage system used by the Leucadia-Seabluffe Village Community Association and Seabreeze Management Company has contributed to the accumulation of water atop the cliffs.Bibi Fell, another of the family's attorneys, said, "This was not an unknown, natural occurrence. It was decades in the making."Chang said that in addition to compensatory damages, they are hoping the spotlight brought onto the issue by the lawsuit will effectuate some kind of change to prevent further tragedies.The family also threw their support behind SB 1090, introduced earlier this year by Sen. Patricia Bates, R-Laguna Niguel, which would obligate public agencies and private owners of seafront property in San Diego and Orange counties to mitigate coastal erosion.The women's family members said safety measures that could have prevented last year's fatal collapse have still not been enacted, yet people continue to visit Grandview Surf Beach on a daily basis.Curtis Clave, Anne Clave's husband, said despite ongoing bluff collapses in the area, he continues to see people at the beach, including "dozens of families" resting up against the bluffs on Tuesday."We're standing here today calling on local and state officials to finally stand up and do something. This issue needs to be addressed immediately. These bluffs continue to fall and we can't stand to see another family go through what we did, and are still and will always be going through," Clave said. 3895

ESCONDIDO, Calif. (KGTV) — An Escondido restaurant was closed by the county this week after its owner allegedly refused to comply with health orders.County officials issued a notice to Hernandez Hideaway to close until it is able to adhere to coronavirus-related health orders for social distancing and sanitation standards.The order states that shortly after the county authorized restaurants to reopen on May 21, the county's Department of Environmental Health conducted an inspection on May 29 and found social distancing and sanitation protocols were not in place, and employees were not wearing facial coverings.On June 12, 21, and 23, San Diego Sheriff's deputies visited the restaurant and asked for voluntary compliance.Owner Rick Stevens declined to comment to ABC 10News."Mr. Stevens admitted that he was not compliant and state he will continue to operate without these COVID preventative measures and will not require staff to wear face coverings," the ordered stated, referencing a June 23 visit by county officials.In order to reopen, the restaurant will have to prepare a revised reopening plan and submit it to the county for approval.This is the county's second restaurant forced to close in violation of health orders. In May, Pacific Beach's El Prez was closed by the county after social media videos surfaced showing crowds of guests, many not social distancing or wearing facial coverings. El Prez has since reopened with new policies to ensure it adheres to the public health orders on distancing, masks, and sanitation. 1550

ESCONDIDO, Calif. (KGTV) - A series of unfortunate events may have led to an albino red-tailed boa constrictor named "Lemony Snicket" disappearing from a North County museum. Officials with the EcoVivarium children's museum in Escondido believe Lemony disappeared on April 29 during a tour of the museum's Arthropod Jungle. During the tour, staff took Lemony out of its cage to show guests, before returning it to its enclosure and locking the gate.Unfortunately, a security camera facing Lemony's enclosure was damaged that same day and did not capture what could have happened.Staff said they fear the snake may have been stolen. They told 10News a man in his 20s left the tour group and never returned shortly before the snake disappeared."We are all heartbroken, and just want him safely returned, no questions asked," the museum said of Facebook. The snake was rescued four-and-a-half years ago in San Diego from an owner who had neglected it.Lemony is about 7-feet long, and yellow and orange, and has a scar on its face.Anyone with any information as to the snake's whereabouts is asked to call EcoVivarium at 760-975-9690.The situation is similar to another missing reptile case recently in North San Diego County."Bubbles" the monitor lizard slinked away from Mike's Pets in Spring Valley in March. Mike Estevez, of the store, said getting the word out was key in Bubbles' return."It really helped a lot," Estevez said. "We got a lot of feedback and concern from people coming in."A radio listener who heard about Bubbles ended up safely locating the missing lizard several days later. 1667

Father and son stories aren't supposed to look like this."I was praying for my friends and family to be OK," said Braden Freidkes, a freshman at Marjory Stoneman Douglas High School. He was inside the school when a gunman started shooting.Braden eventually made it out and into his parents' arms. They had been trying to reach him repeatedly and up until that point had feared the worst. "We were one of the lucky ones. We were able to get him and he was safe," said John Freidkes, Braden's father.But now Braden and his dad have a shared experience, in a way they could have never imagined.  605

ENCINITAS, Calif., (KGTV) -- A day after a giant rock formation fell and killed three locals at Grandview Beach, geologist Dr. Pat Abbott assessed the damage. Shes off and wading in high tide, he explained the cause of the Friday's tragedy. "The waves come up and beat against the cliffs, and the gravity pulls on those cliffs day after day and year after year," Dr. Abbott said. "It just gradually weakens, and one day it can't take it anymore and just falls down."The waves nibble away the rock at the bottom, and the water for the ice plants on the top, brown, softer sediment weaken the formation. "All that does really is add weight to the cliff," Dr. Abbott said. " And of course, the more weight that is there, the stronger the gravity."But as we walked along the beach, we found many more problem spots. Just feet north of Friday's fallen rock, there is a formation of what looks to be a small cave. With no bottom support, the top will eventually break off. "When that falls, that's the same thing as having a cement wall fall on you," Dr. Abbott said. We walked a few more feet north and saw what he called another visible sign of danger. "This strong cliff here and this rock mass now is now detached from the main rock," Dr. Abbott pointed.The vertical fracture separated the front rock formation from the rest of the bluff. This is a sign that it is ready to form. Exactly when it falls, only Mother Nature will know. So the next time you decide on where o put down your beach towel, remember to study the rock behind you. "Look for fractures or overhanging rock masses, and don't go near those," Dr. Abbott warned. Dr. Abbott also said the visible fractures at the bottom of the bluffs are far away enough from the homes atop, that they should not pose any danger. 1787