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SAN DIEGO (KGTV) - "It's not fair and it's not right," says Warren Peters of Spring Valley. He says he's been watching his son, Jahmes, spend several months fighting for his federal tax return. "People need this money. People have worked for this money. People have earned this money," says 24 year-old Jahmes.The young man tells Team 10 that he filed online in February and received his state refund, but not his federal refund. It's now been more than 7 months. A return summary shows he's owed almost ,200 from the IRS.Jahmes says he's between jobs and burning through his savings. His father tries to help but says he's retired and on a fixed income, so his means are limited."It doesn't feel too good depending on your dad at 24-years-old," Jahmes tells Team 10. Jahmes says he has repeatedly called, emailed and written to the IRS. He adds he was once asked to appear in-person to verify identity, which he says he completed. However, he says his efforts didn't yield clear answers from the IRS.On the IRS website, he showed us what he says is his filing status. "Your tax return is still being processed," is what it reads. "If the circumstances were different, [the IRS] would be knocking on [our] door looking for their money," says Warren Peters. "The IRS is just understaffed and overworked," says tax attorney Ronson Shamoun, CEO of Downtown San Diego's RJS Law Firm. He says long delays are not uncommon. "Yet, after it's been so long, there should be some indication as to what's going on or some sort of game plan as to what you can do."Shamoun says the best route to take is contacting the Taxpayer Advocate Service, which was created by Congress to facilitate aid for taxpayers dealing with related issues. The IRS website reports that most refunds are issued in less than 21 calendar days, but explains there are a number of reasons for delays, including possible errors, incomplete returns, and concerns about identity theft or fraud.  The IRS says it cannot respond to media inquiries about specific cases."He does have a right to be upset. He definitely does," says Shamoun. The Taxpayer Advocate Service can be reached https://taxpayeradvocate.irs.gov/   2371

SAN DIEGO (KGTV) - A Delta passenger mauled by an emotional support dog has filed a lawsuit against the airline and the dog's owner, a Marine combat veteran.In June 2017, Marlin Jackson boarded a San Diego-bound flight in Atlanta headed for a work conference. Soon after, fellow passengers watched in horror as a brutal dog attack played out in front of them.Jackson sat in a window seat. In the middle seat was a Marine veteran was with an emotional support dog, a chocolate lab pointer mix, in his lap. According to a Jackson's just-filed lawsuit, while he was securing his seat belt, "the animal began to growl."RELATED: Service dog or pet? Hillcrest businesses take action against the fakes Jackson says the dog's owner, Ronald Mundy, reassured him before the dog lunged and bit Jackson several times in the face . The lawsuit states the dog was briefly restrained, before pinning Jackson against the window and mauling Jackson again, resulting in 28 stitches and permanent loss of sensation in his face. He bled so profusely that "an entire row of seats had to be removed."The incident sparked national headlines, and tighter policies for emotional support and service animals. For example, Delta now requires proof of training, adding rules for the types and ages of the animals, as well the duration of flights that allow emotional support animals.Delta declined to comment citing pending litigation. We reached out to Mundy, but our calls went unreturned. 1471

SAN DIEGO (CNS) - The state Supreme Court Thursday ruled that a San Diego citizens' initiative that cut back city employee pensions was illegally placed on the ballot, and ordered an appeal court to consider a remedy.Proposition B, initially approved by voters in 2012, eliminated guaranteed pensions for new city employees, except police officers, and replaced those benefits with 401(k)-style retirement plans.In 2015, one of the city's largest public sector unions challenged the benefit system, alleging former Mayor Jerry Sanders and other officials illegally placed the measure on the ballot without conferring with labor groups. The Public Employees Relations Board ruled with the union, but the Fourth District Court of Appeal reversed the decision in April 2017.Now, the appeal court's decision is overturned."We reverse the Court of Appeal's judgment and remand for further proceedings to resolve issues beyond the scope of this opinion," wrote Associate Justice Carol A. Corrigan in Thursday's decision, in agreement with the other five justices.A city spokesperson couldn't be reached for comment.The court ruled that although it was a citizens' initiative, Sanders' support of Prob B as policy warranted engagement with the unions under the Meyers-Milias-Brown Act, which gave city and county employees the right to collective bargaining in 1968.Governing bodies "or other representatives as may be properly designated" need to engage with unions "prior to arriving at a determination of policy or course of action," according to the act.Sanders had said he supported the measure as a private citizen, not a public employee. The Supreme Court ruled that Sanders did use the power of his office to push the initiative, however."He consistently invoked his position as mayor and used city resources and employees to draft, promote and support the Initiative. The city's assertion that his support was merely that of a private citizen does not withstand objective scrutiny," Corrigan wrote.In overturning the Public Employees Relations Board ruling in 2017, the appeal court took an "unduly constricted view of the duty to meet and confer," according to the Supreme Court ruling.The Supreme Court ruled that the appeal court address an "appropriate judicial remedy" for the illegal placement of the initiative on the ballot.The Public Employees Relations Board had previously ruled the city must pay employees "for all lost compensation" related to lost pension benefits, which would cost millions of dollars.The 401(k)-style system was originally intended to save taxpayers money by reducing future pension liabilities. Approved by 65 percent of voters, the system was the first of its kind among California municipalities. 2742

SAN DIEGO (KGTV) - A former Yuma Police officer testified Tuesday in his trial for the rape of a woman in Kensington.Jared Elkins, 34, raped his wife’s cousin after a family gathering at her home on Marlborough Drive last year, prosecutors said. The group had been out to dinner, then watched a movie while drinking beer and wine at home.She testified last week, saying she didn’t yell during the alleged attack because Elkins threatened to kill her. His wife was asleep across the hall at the time.After the encounter, the woman said she ran into her mother’s room for help, and they both escaped out a window.At a hospital, the alleged victim's blood-alcohol level was determined to be .09 percent, according to witness testimony.Police said Elkins told them that the sex was consensual and the rape charges were made out of guilt.Elkins told the jury the alleged victim started flirting with him after everyone else went to sleep.“There was mutual flirtations between the two of us and we were being adults,” said Elkins, who testified the woman was “cuddling, almost snuggling” with him.“She said yeah, it was surprising to me; I was excited a younger attractive woman, you know, it kind of confirmed everything on the couch,” Elkins said.Elkins resigned from the Yuma Police Department in 2017. He is facing nine felony counts including forcible rape and could serve 14 years in prison if convicted.City News Service contributed to this report. 1462

SAN DIEGO (KGTV) -- A fourth suspect has been arrested in connection with the murder of a 44-year-old in Bay Terraces back in June.San Diego Police say 27-year-old Leaoaisemativa Sandoval was arrested on Dec. 19 and charged with the murder of Sean Nixon. Prosecutors say on June 6, Nixon was strangled with a strap from a marijuana grow tent inside a home on Freed Manor Lane.SDPD officers have also arrested Glenn Montano, Alfredo Sales Montano Jr., and Joshua Barnum. All were booked into County Jail for murder.The District Attorney’s Office says that Glen Montano wrapped the strap around the victim’s neck, while Alfredo Montano struck Nixon multiple times and kicked him while he was being strangled.Two of the suspects, who are brothers, were allegedly running an illegal gambling den and cannabis grow operation at the home. 840

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