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SAN DIEGO (KGTV) — An appeals court Friday granted a stay against a San Diego judge's recent ruling allowing strip clubs and restaurants to reopen despite the state's coronavirus restrictions.The decision by the Fourth District Court of Appeals, District One, freezes an earlier ruling, forcing restaurants to again only offer takeout and delivery service, per California's recent health order. Any opposition to the state's filing must be submitted by noon Wednesday.Lawyers for the state argued against the Superior Court ruling, saying it was overreach since no restaurants were parties in the suit filed by two strip club operators.RELATED: San Diego County to appeal ruling on strip clubs, restaurants amid health ordersCounty Supervisor Jim Desmond said in a statement the decision one day after some restaurants reopened was "tragic." "Today's decision to close restaurants one day after they were allowed to open is tragic for San Diego's workforce. The seesawing of people's livelihoods one week before Christmas is devastating," Desmond said in a statement.Supervisor Nathan Fletcher said in his own statement that the appeals court made the right call as cases surge."This is the right decision to protect our communities given the severity of cases and hospitalizations we are experiencing in San Diego County. Everyone should stay home unless it is absolutely essential," Fletcher said. This week, a judge ruled in favor of Pacers Showgirls and Cheetahs Gentleman's Club, which were forced to close in October due to coronavirus restrictions. The ruling was in response to a preliminary injunction granted to the clubs in November that protected them from some enforcement.RELATED COVERAGE:Not all San Diego restaurants will reopen, despite court orderSan Diego restaurants ready to reopen for indoor and outdoor dining after judge's rulingThat ruling protected strip clubs and "San Diego County businesses with restaurant service.""The court’s intention is that all businesses which provide restaurant service — meaning all restaurants in the County of San Diego — are encompassed in the scope of the court’s order. It’s not limited to plaintiffs who also provide restaurant service, but it is intended to encompass all restaurants within the County of San Diego,” said San Diego Superior Court Judge Joel R. Wohlfeil.The county's Board of Supervisors voted Friday to appeal the ruling but said the county would only argue against the provisions that allow strip clubs to operate and indoor dining amid California's regional stay-at-home order."The Board voted to appeal the order. 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. Please continue to cover your face, wash your hands and avoid gatherings," Chairman Greg Cox said in a statement.The recent restaurant closures come after the regional dipped under the state's ICU bed capacity threshold. The Southern California region, which includes San Diego County, hit 0% capacity on Thursday and sat at that availability on Friday.Friday, San Diego County set a record for daily coronavirus cases, reporting 3,611 new cases. 3375

SAN DIEGO (KGTV) - An oft-deported immigrant who was charged in a DUI, hit-and-run crash that injured a young boy in the South Bay will not be tried for the third time.A judge ruled Friday to dismiss the case against 39-year-old Constantino Banda Acosta. Banda was charged with driving under the influence and fleeing the scene of a hit-and-run on Camino de la Plaza in San Ysidro on May 6, 2017.Investigators said Banda ran a stop sign and crashed his pickup truck into the Lake family’s Honda Accord, as they were heading home from Disneyland. Lennox Lake, 7, was injured in the back seat of the car, suffering serious head injuries.RELATED COVERAGE: 670

SAN DIEGO (KGTV) -- A woman died after crashing into a tree in Mira Mesa Sunday morning. According to California Highway Patrol, the woman was driving north on I-15 when she veered off the road, striking a tree and a light pole near Carroll Canyon Road around 1:18 a.m. The woman died at the scene, according to CHP. The agency says a man was riding in the passenger seat at the time of the crash. He was taken to the hospital with unknown injuries. At this time, it’s unknown if drugs or alcohol may been involved. 524

SAN DIEGO (KGTV) -- A warning for all homeowners after what looked like a yard sale turned out to be an elaborate theft. Several men staying in a vacation rental near La Jolla pulled up in a moving truck, stealing everything inside. Surveillance cameras caught men moving things through a Birdrock-area garage and into a truck, but the men aren’t movers. They were reportedly staying in the vacation rental, but according to the homeowner had checked in using fake credentials, fake credit cards and fake IDs. "As soon as I found out I went and told all of my employees, and will definitely spread the word that there is a crew going around doing something like this,” said Tyler Trowbridge, a contractor at Trowbridge Custom Floors.Trowbridge is a contractor working in the neighborhood. He’s had tools stolen while working at home and knows how the homeowner is feeling. "You don't wish it upon anybody, it's their personal belongings and their home was invaded. It's a breach of privacy and an invasion in your world."In this case, it wasn’t small belongings either. The owner says the men cleared the place out, taking everything from furniture and TVs to the stove. "When I talked to the actual owner, it was a lot more intense than I thought."What’s more, the owner says meth was left inside. "The fact that there were drugs in the house too, leads me to believe that it might happen again too."La Jolla Vacation Rentals is the property manager. 10News asked them for an interview, but they wouldn’t do it. The homeowner and a contractor warning the neighborhood to watch out. "It's just sad that there are people out there that take advantage of these situations." 1680

SAN DIEGO (KGTV) — A UC San Diego graduate is using a technology he created as a student to help avoid crowds during the pandemic. Nic Halverson launched Waitz in 2017, an application that measures and publishes how busy a space is at any given time.Using "Occuspace" sensors plugged into wall outlets, the app uses Bluetooth and WiFi signals to calculate how many people are in the room at a time. Halverson said it does not take any personal data and solely looks at how many devices are present.He said he first thought of the idea as a student who came from a small town of 3,000 people, then was overwhelmed by the crowds of San Diego.“I just turned to my friend and I was like, ‘man I wish we knew how busy every floor was before we came here,’ and that’s when kinda the light bulb went off,” he said.At UCSD currently, the application is used in two libraries, two gyms, and the main food court area. As of the end of August, about a dozen schools across the country will be signed up for the technology, with an anticipated number of close to 60 schools by the spring semester.While it’s useful for students trying to find a study spot, 2020 has changed the need.“We and other people realize that people care about how crowded places are now more than ever and it kinda transformed from being that was just convenient to have, it was nice to know how busy a place was before you went, to something that was more a matter of health and safety,” he said.While UCSD has not announced any plans to incorporate the app in any official coronavirus plan once students return to campus, the technology will still remain live.Halverson said they are currently talking to ski resorts to use the app to publish wait times for ski lines or restaurants, and he hopes it will continue to grow from there.“My dream is one day, you’ll be able to look and see how busy every Starbucks or Chipotle is right there on your phone,” he said. 1935