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SAN DIEGO (CNS) - A San Diego judge granted a preliminary injunction Friday sought by Hall of Fame horse trainer Jerry Hollendorfer against the Del Mar Thoroughbred Club, which banned Hollendorfer from participation in the wake of a spate of horse deaths.Hollendorfer, 73, was banned last month from Del Mar and sought legal intervention to allow him to participate at this summer's racing season.He argued that Del Mar officials did not provide an adequate reason for precluding him from racing. The complaint alleges that he was notified on June 28 that he wouldn't be assigned stalls because of "PR risks and considerations."RELATED: 2 horses killed in collision during training at Del Mar RacetrackIn his written ruling, Judge Ronald F. Frazier ruled that Del Mar "arbitrarily" denied Hollendofer's stall application without providing him a hearing on the matter.In court, Frazier noted that there was no definitive link tying Hollendorfer to the horses' deaths.Thirty horses died at Santa Anita during its most recent meet that started in late December and ended in late June. Four of the those horses were under Hollendorfer's care.Hollendorfer also has been banned by the Stronach Group, which owns the Santa Anita racetrack, as well as the New York Racing Association.RELATED: Del Mar Thoroughbred Club upgrades horse safety for 2019 racing seasonJ. Christopher Jaczko, representing the Del Mar Thoroughbred Club, argued that whether or not Hollendorfer could be connected to the horses' deaths, Del Mar's decision to exclude Hollendorfer was a valid business decision based on the negative publicity Hollendorfer could bring."Mr. Hollendorfer's record over the past six months in California is problematic," Jaczko said.He alleged that banning Hollendorfer was also in the interests of horse safety and not just to avoid bad publicity. However, had avoiding negative publicity been the sole reason for the ban, Jaczko contended that would be a rational business justification on Del Mar's part, particularly with the heightened scrutiny the horse racing industry is currently facing."We're not saying he did anything to kill those horses. We're saying that in the best interest of our business, we don't want the attention, we don't want the clamor that we're not doing everything we can to change business as usual," Jaczko said.Jaczko also said the ban does not cause "irreparable harm" to Hollendorfer, as he has the ability to participate in other races, including several ongoing and upcoming races in California.Talking to reporters outside the courtroom, Hollendorfer said he was "very grateful" that Frazier ruled in his favor."I've lost an awful lot of business because of this," said Hollendorfer, who was not sure when he would begin participating in the Del Mar racing season.Hollendorfer said he had confidence in his training methods, but would be open to recommendations to improve horse safety."I would guess my stable does more with horses every day than any other stable that I know of," Hollendorfer said. "We examine every horse every day from head to toe. We take them out of their stalls and jog them down the road and make sure that they're sound before we even consider taking them to the racetrack. I think that we're doing plenty to ensure the safety of our stable and if somebody else has another suggestion how to do more, than I'm certainly willing to listen to somebody's opinion on that."Hollendorfer's attorney, Drew Couto, said his record with equine fatalities was not as severe as Del Mar claimed, and laid blame to Stronach Group racetracks, identifying them as the common denominator in the deaths of horses under Hollendorfer's care."Where did (Hollendorfer) have equine fatalities? He had them at Stronach group racetracks," Couto said. "They were horribly managed in our opinion this last year and that's the cause of these issues."Couto did not make any definitive statements regarding any legal steps towards contesting Santa Anita's ban."One step at a time," Couto said. "We had to take care of this issue. They (Santa Anita) are certainly on our radar and probably next up."Another status conference in the Del Mar case is slated for Oct. 25 in Frazier's courtroom. 4226

SAN DIEGO (CNS) - Military officials today publicly identified a U.S. Marine who was fatally injured in a weekend training accident at Camp Pendleton.Staff Sgt. Joshua Braica, 29, was behind the wheel of a MRZR tactical vehicle that overturned Saturday at the military station north of Oceanside, according to Maj. Nicholas Mannweiler of U.S. Marine Corps Forces, Special Operations Command. Two other Marines suffered minor injuries in the crash.Braica, a critical-skills operator with 1st Marine Raider Battalion, was airlifted to Scripps Memorial Hospital La Jolla, where he succumbed to his injuries Sunday evening.The Sacramento native enlisted in the Marine Corps in July 2010 and served as an intelligence specialist with 1st Battalion, 4th Marines, and with Marine Aircraft Group 36.Braica deployed to the Pacific Command area of operations with the 13th Marine Expeditionary Unit in 2011, and to the Indo-Pacific Command region with 1st Marine Raider Battalion in 2017.His military decorations include a Navy and Marine Corps Achievement Medal, two Good Conduct Medals, a National Defense Service Medal, a Global War on Terrorism Expeditionary Medal, a Global War on Terrorism Service Medal and three Sea Service Deployment Ribbons.He is survived by his wife and son. 1284

SAN DIEGO (CNS) - For the second day in a row, San Diego County public health officials reported a case rate of fewer than 100 positive COVID-19 tests per 100,000 people, indicating things may be improving locally with regard to the pandemic.If the case rate -- which was 96.5 per 100,000 people on Thursday -- stays below 100 on Friday, the county will officially be off the state's monitoring list. After an additional 14 consecutive days below that number, some schools with students in grades 7-12 could potentially reopen for in- person teaching, depending on individual school district metrics. Theoretically, if current trends continue, students could be in school by Aug. 28.Additionally, 48 elementary schools have filed waivers with the county to return to school early.While signs look positive for the region, County Supervisor Nathan Fletcher warned county residents against getting complacent."We are seeing progress, but we are in the middle of a marathon, not a sprint to the finish line right in front of us," he said Thursday. "Our goal is not just to have the rate of cases fall below 100 per 100,000, but to keep it there."State mandates on which businesses are allowed to have indoor operations would not change, Fletcher said, until the county gets more information from Gov. Gavin Newsom's office. No other businesses can reopen after the 17 days unless the state provides further guidance.San Diego County public health officials reported 266 new COVID-19 cases and seven deaths Thursday, raising the county's totals to 33,659 cases and 615 deaths.Of the deaths reported thus far during the pandemic, 96% had some underlying medical condition. According to Dr. Wilma Wooten, the county's public health officer, the leading underlying causes which helped contribute to death were hypertension, diabetes, heart disease, dementia/Alzheimers and chronic kidney disease.Of the 8,020 tests reported Thursday, 3% returned positive, lowering the 14-day positive testing rate to 4.6%, well below the state's target of 8% or fewer. The 7-day rolling average of tests is 7,972 daily and the county has reported 698,881 tests since the pandemic began.Of the total positive cases in the county, 2,809 -- or 8.3% -- have required hospitalization since the pandemic began, and 699 -- or 2.1% -- were admitted to an intensive care unit.County health officials also reported two community outbreaks Thursday, bringing the number of outbreaks in the past week to 22.The latest outbreaks were reported in a food processing facility and a business, according to the county Health and Human Services Agency.The number of community outbreaks remains well above the county's goal of fewer than seven in a seven-day span. An outbreak is defined as three or more COVID-19 cases in a setting and in people of different households in the past 14 days.There are 59 active community outbreaks in the county tied to 1,389 cases and 11 deaths.Latinos are still disproportionately impacted by COVID-19, with that ethnic group representing 61.3% of all hospitalizations and 45.4% of all deaths due to the illness. Latinos make up about 35% of San Diego County's population.A new COVID-19 testing site began operating Wednesday at the San Ysidro Port of Entry PedEast crossing, and County Supervisor Greg Cox cited its immediate success and demand for it, saying its hours would expand Thursday.The free testing site will now operate from 6:30 a.m. to noon Monday through Friday and will focus on testing essential workers and American citizens who live in Tijuana, according to San Diego County health officials.No appointments are necessary at the walk-up site, which aims to offer about 200 tests daily. People getting tested will not be asked about their immigration status or who lives with them, health officials said."We know that communities in South Bay have been hit the hardest by COVID-19," said Wooten. "The location was selected because of the increase in cases in the region and the number of people, especially essential workers who cross daily."Fletcher said Tuesday that the county's partnerships with its 18 incorporated communities were allowing law enforcement to step up efforts to punish egregious violators of public health orders.A visit from county staff is the first action used, followed by a cease-and-desist order and then an order to close. If an entity refuses to close after that order, it will be cited and fined ,000 -- as University Heights gym Boulevard Fitness was on Tuesday, Fletcher said."The selfish defiance of the public health orders only hurts those acting in good faith," he said. "This is not out of a desire to be punitive." 4673

SAN DIEGO (CNS) - A judge took under submission today a motion by the federal government to dismiss a lawsuit filed by the cities of Imperial Beach and Chula Vista and the Port of San Diego, alleging that the International Boundary and Water Commission is violating the Clean Water Act by not doing more to prevent Tijuana sewage from flowing into San Diego area waters.The federal government maintains that the IBWC isn't legally responsible for the sewage flowing into U.S. waters from Mexico.But the plaintiffs claim that since the IBWC oversees a flood control channel that redirects the Tijuana River on its way to the Pacific Ocean, as well as water- capture basins in five canyons along the border, the agency is responsible for the sewage that gets through those systems.RELATED: Imperial Beach businesses hurt by sewage & runoff related closuresImperial Beach Mayor Serge Dedina, who has led the fight to against the IBWC since his city was hit with millions of gallons of raw sewage in February 2017, said it was heartening to hear U.S. District Judge Jeffrey Miller say he might go to the South Bay to see first-hand how the situation is being handled.Dedina said the plaintiffs got a fair hearing. "(It was) a very emotional morning for me," Dedina said outside court. "(I have) vivid memories of taking my kids to the emergency room. We have little kids here. Our kids are getting sick. Our lifeguards are getting sick. It's been a long road and a really tough fight, and it really meant a lot to me that members of our community were here to support that. And I'll tell you what, if our city council and our city ... have to crawl on broken glass through garbage to fight for this, we will do that. We will never rest until we have clean water and that's why we're here."RELATED: Surfrider Foundation announces intention to sue over toxic Tijuana River sewage spillsThe judge did not indicate when he would rule on whether the lawsuit can go forward. 1982

SAN DIEGO (CNS) - Mayor Kevin Faulconer announced today that all city-owned property along the San Diego River has been cleaned at least once. The city owns roughly one-third of riverfront property, and employees have removed nearly 99 tons of debris from 32 locations since last September, he said.Faulconer said the cleanup will continue, particularly in regard to outreach and coordination with owners of the remaining two-thirds of land along the river."The San Diego River is one of our most precious natural resources and we must continue to give it the care and attention it deserves," Faulconer said. "While we've cleared all of the city's property once, we still have a lot more work to do, so we're encouraging every property owner next to the river to join our cleanup efforts and help preserve the San Diego River for future generations."City employees have sent letters to 33 private property owners,including several businesses, that collectively own another third of riverfront property. Eight owners have allowed city employees to clean their property.Those who reject city services must clean their property or face fines ranging from 0 to ,000, according to the mayor's office.The remaining third of riverfront property is owned by a nonprofit and various government agencies, including the Metropolitan Transit System,Caltrans, San Diego River Park Foundation, California Department of Fish &Wildlife, U.S. Postal Service and County of San Diego.Rob Hutsel, president and CEO of the San Diego River Park Foundation,lauded city efforts to clean riverfront property."Since this effort began, we have seen a dramatic difference along the river in the city," Hutsel said. "There is less trash, fewer encampments and a new hope that a lasting improvement is being achieved." Cleanup efforts are part of the "Clean SD" initiative, which launched May 2017.So far, crews have removed more than 1,000 tons of litter from illegal dumping hot spots in Ocean Beach, City Heights, San Ysidro, Logan Heights, Paradise Hills, Webster, Mission Beach, Point Loma and Pacific Beach. 2105

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