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SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - The parent company of niche dating sites, including Christian Mingle, agreed to pay 0,000 in penalties and nearly million in refunds to customers whose subscriptions were automatically renewed to settle a consumer protection action, San Diego County District Attorney Summer Stephan announced Monday.The judgment filed in Santa Monica Superior Court will be shared equally among a task force of California prosecutors that also included district attorneys from Los Angeles, Santa Clara and Santa Cruz counties, as well as the city attorney of Santa Monica.The dating sites for Spark Networks USA, LLC, were automatically renewing customer payments without their express prior consent as required by federal and state law, among other alleged violations of law, according to the task force."Consumers always have the right to know where their money is going and companies must comply with California's laws in order to ensure that consumers understand certain transactions will renew automatically," Stephan said. "This joint effort is a great example of how our Consumer Protection Unit works to protect people from unfair business practices in the marketplace and ensure that California's consumer protection laws are followed."The judgment requires Jdate, Christian Mingle, and all of Spark's other dating sites to have full transparency with consumers about automatically renewing memberships.The company now must:-- clearly and conspicuously disclose the renewal terms;-- get consumers' consent, through a separate check box (or similar mechanism) that does not include other terms and conditions;-- send a clear summary of the renewal terms after consumers pay; and-- allow consumers to cancel easily.Spark Networks cooperated with the task force to reach the resolution.According to prosecutors, online "subscriptions" and other automatically recurring charges have proliferated in the United States in recent years. Some renewals come after "free trials," where consumers need to cancel in time to avoid the charges.Federal and state law requires businesses to make auto-renewals clear to consumers, and to get their "express, affirmative consent" before collecting any money. However, many businesses still don't follow the law, prosecutors said. 2286

SAN DIEGO (CNS) - The San Diego County Registrar of Voters reported today it has received more than 137,000 completed ballots for the November election.The ballots are in the process of being put through a sorting machine that captures images of voters' signatures for comparison to ones the registrar has on file, according to the agency.Due to the COVID-19 pandemic, San Diego-area polling places will be open for four days instead of one, according to county Registrar Michael Vu.Vu has announced that his office is working with county public health services to ensure the health and safety of election workers and voters.Personal protective equipment and sanitation supplies will be provided to staffers so they can conduct the election process safely. 764

SAN DIEGO (CNS) - The county's E. coli outbreak involving children who attended the San Diego County Fair and did not wash their hands after visiting the animal exhibits stands Friday at 11 confirmed or probable cases, one of which was fatal, health officials said.County health officials have tracked E. coli cases related to the fair since June 28, when the Health and Human Service Agency announced that it had received reports of four confirmed or probable cases of the bacteria.The fair shuttered its animal exhibits the same day, after 2-year-old Jedidiah Cabezuela's death was reported, and the fair closed for the year on July 4.RELATED: Health officials report 2 new probable E. coli cases possibly tied to San Diego County Fair animalsAs of Wednesday, the number had increased to 10 confirmed cases and one probable case, all of which involve children ranging in age from 2 to 13. The county did not disclose the age or gender of the four new cases confirmed this week, but said all of the patients visited the fair's animal exhibits and petting zoos.People can avoid contracting the bacteria by thoroughly washing their hands after making contact with animals at places like farms, petting zoos and fair exhibits. Young children, older adults and people with weak immune systems are at particular risk, according to health officials.The HHSA and the California Department of Food and Agriculture collected environmental samples at the fair after the first cases were reported to confirm the bacteria's origin. However, results of the collected samples were not available prior to the fair's closure and have yet to be disclosed.County health officials repeatedly cautioned that more confirmed cases were likely despite the fair's closing due to local doctors intentionally looking for symptoms of the bacteria and its multi-day incubation period. As such, the county has not indicated that the cases are part of a larger, countywide outbreak linked to common causes like contaminated produce.While most people who contract the E. coli bacteria do not develop severe complications, roughly 5 to 10% of those who do can develop a potentially life-threatening kidney infection. Symptoms do not appear for three to four days after contraction and can include severe abdominal cramps, watery or bloody diarrhea and vomiting.Residents should promptly contact their doctor if they believe they have contracted E. coli, according to the county. 2455

SAN DIEGO (CNS) - San Diego City Council members Monica Montgomery and Georgette Gomez called on state officials Monday to open an independent investigation into the in-custody death of 24-year-old Aleah Jenkins. Montgomery and Gomez requested the inquiry in a joint statement in response to a news conference last Friday from District Attorney Summer Stephan in which she released body-camera video of Jenkins' time in police custody and said that Jenkins' death was caused by a lack of judgment rather than criminal negligence. The two officials called on the state's Department of Justice and Attorney General Xavier Becerra to open an investigation into the circumstances of Jenkins' death. Montgomery and Gomez also urged the San Diego Police Department to reform its policies regarding the treatment of people in custody. RELATED: Video, detailed report released in woman's San Diego Police custody death``It was very heart-wrenching to hear Ms. Jenkins asking for help and water for over an hour after vomiting and no assistance was rendered,'' Montgomery said. ``The treatment displayed in the video further supports the need to reform our policing policies.'' Jenkins died Dec. 6 nine days after being arrested during a traffic stop on an outstanding warrant for methamphetamine possession. Jenkins passed out while waiting at the SDPD's downtown headquarters and paramedics subsequently rushed her to the hospital. Stephan announced Friday that medical examiners found upward of 17 times the lethal dose of methamphetamine in Jenkins' blood system. Her official cause of death, according to the District Attorney's Office, was hypoxic-ischemic encephalopathy, a lack of blood and oxygen flow to the brain. RELATED: Cause of death released for woman who passed out in San Diego Police custody``I am deeply troubled about the treatment of Ms. Jenkins while in custody,'' Gomez said. ``The video clearly indicates a decline in her wellbeing. We must all strive to do better to respect the basic human rights of everyone in custody.'' 2048