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SAN DIEGO (CNS) - Police were searching today for two men suspected of being involved in a shooting on an Encanto street.A man and a woman were standing outside of a parked car on 59th Street near Market Street around 7:20 p.m. Saturday when two men approached them, San Diego Police Sgt. Michael Tansey said. One suspect pulled out a handgun and shot at the male victim, who was hit once in his right ankle. The two suspects ran away north on 59th Street, then west on KenwoodStreet. RELATED: Man Tased in face, stabbed during fight in Rolando ParkOne suspect was described as a black man with a red hooded sweatshirt and his hair in a ponytail, according to Tansey. A good description was notavailable for the other suspect.The victim was taken to a hospital for treatment of his gunshot wound, which was not believed to be life-threatening, Tansey said. 864
SAN DIEGO (CNS) - The city of San Diego obtained a preliminary injunction Tuesday against grocery delivery company Instacart, in the wake of a judge's ruling that the company misclassified its employees as independent contractors.San Diego County Superior Court Judge Timothy Taylor's ruling stems from a lawsuit brought by San Diego City Attorney Mara Elliott, who alleged Instacart was evading providing its "shoppers" with worker protections like minimum wage and overtime pay by classifying them as independent contractors rather than employees.In the ruling, which was issued Feb. 18, but not formally served to the parties until this week, Taylor agreed with the City Attorney's Office's assertion that Instacart would not be able to show its workers should be classified as independent contractors.RELATED: San Diego Instacart shoppers upset over service’s pay changesThe judge cited a state Supreme Court ruling in the case of Dynamex Operations West Inc. v Superior Court, which outlines an "ABC" test for determining whether a worker is an employee, a classification that applies if the person performs a core function of the business, is not free from its control, or is not engaged in an independently established trade, occupation or business.Taylor wrote that Instacart would likely be unable to satisfy any of the test's three conditions.The judge also wrote that the city's litigation against Instacart was in line with other recent, related decisions, including the recent passage of AB 5, which gives greater labor protections to workers classified as employees."The policy of California is unapologetically pro-employee (in the several senses of that word). Dynamex is explicitly in line with this policy," Taylor wrote. "While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have no spoken on this issue."The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the legislature. The legislature passed AB 5 last fall. The governor signed it. To put it in the vernacular, the handwriting is on the wall."Instacart plans to appeal the decision, which the company said would not affect its operations in San Diego, due to a temporary stay of enforcement during the appeals process."We disagree with the judge's decision to grant a preliminary injunction against Instacart in San Diego," Instacart said in an emailed statement. "We're in compliance with the law and will continue to defend ourselves in this litigation. We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction and we will be taking steps to keep that stay in place during the appeals process so that Instacart's service will not be disrupted in San Diego."Elliott's office touted the ruling as a victory for worker protections."This landmark ruling makes clear that Instacart employees have been misclassified as independent contractors, resulting in their being denied worker protections in which they are entitled by state law. We invite Instacart to work with us to craft a meaningful and fair solution" Elliott said."This decision is also a warning to other companies to do right by their employees. As the court said, `The handwriting is on the wall.' California has had two years since the Supreme Court's Dynamex decision to distinguish between a contactor and an employee. Everyone, not just Instacart, must live up to their legal responsibilities; they cannot ignore the significance of what occurred here." 3686

SAN DIEGO (CNS) - The San Diego County Board of Supervisors Wednesday heard a proposal to reduce light pollution in two rural communities.The proposed amendment to the county's Light Pollution Chapter ordinance would cover the Julian and Borrego Springs Community Planning Areas.Both would be considered "Zone C" to receive a Dark Sky Community designation, which is generally more restrictive, according to a presentation at Wednesday's board meeting.Along with unanimously approving the ordinance amendment on first reading, the board also found it to be exempt from the state's Environmental Quality Act, as it does not affect land use or density.It would also support Julian in becoming an International Dark Sky Community and update Borrego Springs' light pollution standards.The board will consider formal adoption at its Nov. 18 meeting. If approved, the amended ordinance would take effect in January.Zone C is generally more restrictive and limits total amount of light per acre and has more restrictive standards for signage or nighttime sports.Proposed changes would include new lighting standards (for color type, levels and shielding) and sign illumination. The county would give existing developments 10-year grace period to come into compliance.Dark skies are important to astronomers for better viewing in rural communities, along with businesses that benefit from related tourism. San Diego County adopted a light pollution policy in 1985.Public outreach sessions found that residents in Borrego Springs and Julian were supportive of new regulations, according to the presentation to the board.Ordinance enforcement would cost an estimated ,000 in fiscal year 2021-22.The cost for residential property owners to upgrade their lighting would range between and 0, while a retail store owner might pay between 0 and ,600, according to the county.Supervisor Dianne Jacob, whose district includes Julian, said the ordinance would be good news for expert and amateur astronomers."It's time to go look at the stars," she added.Jacob also requested that county staff work with San Diego Gas & Electric to resolve any issues the utility may have over an upgraded ordinance.Supervisor Jim Desmond said he would gladly support the ordinance, adding that dark skies are a big draw for Borrego Springs, which is located in the district he represents."I go out there frequently, and it's fantastic to see the Milky Way," Desmond said. 2464
SAN DIEGO (CNS) - San Diego Unified School District students can take advantage of free lunch and snacks during their spring breaks, district officials said."Called Spring Fun Cafe, the program operated by the SDUSD and the city of San Diego Parks and Recreation Department will begin Monday and run through April 25," school district spokeswoman Tara McNamara said.Students 18 years old and younger will be offered fruit, vegetables, milk and various entrees -- with no paperwork, income qualifications or identification required -- at four locations: the City Heights Recreation Center, Colina Del Sol Recreation Center, North Park Recreation Center and the Copley Price YMCA.RELATED: FREE LITTLE CAESARS PROMOTIONLunch will available from noon through 1 p.m., while snacks will be served from 3 p.m. to 4 p.m., McNamara said.FIND FREE SUMMER MEALS BY TEXTINGFor more information on the spring break program, visit here. 935
SAN DIEGO (CNS) - San Diego County public health officials Sunday reported 3,493 COVID-19 infections as of Saturday and no new deaths, bringing the county's total to 126,465 cases and the death toll remaining at 1,280.Prior to Sunday's report, a record 3,611 COVID-19 infections were reported Friday. The cases surpassed the previous record set one week ago -- 2,867 last Friday -- by 744 new cases.Saturday's total marks the second time the number of daily infections has surpassed 3,000 as well as the 19th consecutive day with more than 1,000 cases and the 12th day overall with more than 2,000 new cases.The top four-highest daily cases have all occurred in the past week, with Wednesday's 2,807 cases, Thursday's 2,604, Friday's 3,611, and Saturday's 3,493.The county on Sunday reported 1,264 hospitalizations of COVID-19 patients and an additional 320 COVID-19 patients in ICUs.There were seven new outbreaks reported, which brings the total number of outbreaks within the last seven days to 40.On Friday, an appeals court stayed a judge's decision to halt enforcement of COVID-19 restrictions against San Diego County restaurants, meaning eateries must again abide by the state's regional stay-at-home order, at least for now.Lawyers for the state filed the emergency challenge to San Diego Superior Court Judge Joel R. Wohlfeil's preliminary injunction, which was issued Wednesday in a lawsuit filed by two San Diego strip clubs Wohlfeil ultimately ruled could remain open.Wohlfeil's ruling also encompassed all restaurants in the county and all businesses that provide "restaurant service."Three justices from the Fourth District Court of Appeals, District One, read and considered the order and stayed the injunction "pending further order of this court." The court ordered any oppositions to the state's filing to be submitted by noon Wednesday, according to an appeals court docket.Lawyers from the state argued that Wohlfeil overreached in his ruling, as no restaurants were parties in the suit initially filed in October by Cheetahs Gentleman's Club and Pacers Showgirls International.County supervisors met in closed session Friday to appeal the ruling made by Wohlfeil Wednesday."The board voted to appeal the order," said County Supervisor Greg Cox. "But the board directed county counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining.""We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there," Cox said.Supervisor Nathan Fletcher concurred."I vehemently disagree with the recent judicial decision allowing strip clubs and all restaurant activities to resume, and I support appealing the entirety of the recent court ruling," he said. "It is a positive step that our board voted unanimously to join the state in the appeal as it relates to strip clubs and indoor dining."In the San Joaquin Valley, ICU beds are said to also be full. In Greater Sacramento, the estimate is 14.5% of ICU beds available; in the Bay Area, it's 12.8%.Only Northern California remains outside the Gov. Gavin Newsom-directed stay-at-home order with 21% of ICU beds available. That order applies to regions with fewer than 15% ICU beds remaining.The U.S. Food and Drug Administration has now approved a vaccine developed by Moderna to join the 28,275 Pfizer vaccines already in the region available for civilian acute health care workers.San Diego County is home to 82,623 health care workers toiling in hospital or psychiatric facilities, 39,755 of whom are considered "highest risk" and will first receive vaccines.The 28,000-plus vaccines will cover about 72% of those slated to be inoculated until more vaccines arrive in California. 3820
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