American Apparel Inc. said Tuesday it does not expect to have enough funds to run the company for the next 12 months and warned it may not be able to raise additional capital, Reuters reported.

The company, which is being sued by founder and former CEO Dov Charney, said it could breach covenants related to a credit facility.

American Apparel said it was in talks with the lender -- Capital One Business Credit Corp -- to waive the non-compliance, but said there could be no guarantee of a waiver.

Failure to obtain a waiver could have an "adverse effect" on its financial condition, the company said.

Police are investigating a fatal bicycle accident in El Cajon on Tuesday evening.

The collision happened just before 5 p.m. between a bicyclist and vehicle. A person died at the scene of the crash at West Madison and Compton Street in El Cajon, police said.

As of 4:45 p.m., westbound Madison was closed at Montrose.

The traffic unit is investigating. If you have any information on this crash, please call the El Cajon Police Department at 619-579-3311.

This is a breaking news story. Check back for updates.

Hazmat crews are responding to a crash involving a pickup truck and a dump truck in Lakeside Tuesday evening, the California Highway Patrol says.

A Sig Alert has been issued for Wildcat Canyon Road at Willow Road just before 4 p.m. after a Ford F-150 and a dump truck collided. 

The crash caused the dump truck to run into the right-side embankment.

It's unclear what kind of material was spilled, but the CHP is waiting for San Diego County road crews to investigate and clean it up before reopening to traffic.

 Northbound lanes have been reopened, but the southbound lanes are still closed.

With the state's nonstop drought crisis fueling a more intense fire season, California Gov. Jerry Brown visited San Diego Tuesday for a summit meeting with Mayor Kevin Faulconer, local water officials and civic leaders.

He said San Diegans have been cutting their water use in full compliance with the state's mandate of 25 percent this year, and that no “enforcement actions” appear likely going forward.

But the governor warned that this region especially has to keep up with whatever new conservation benchmarks and capital investments are required.

"This is the end of the pipeline,” he said, “so if we're not able to strengthen our water facilities through modernization and the 'Delta Fix,' then of course San Diego will experience dramatic shortages in water."

He warned that it'll take the state a long time to expand its system of reservoirs and delivery facilities -- as well as bring more desalinization, recycling technology online.

The governor made it clear that more customer rate increases can't be avoided to pay for all that, nor can restrictions on water use for the foreseeable future.

"And I know these bills can get high,” he acknowledged. “This water gets expensive. But if you don't have it, there's no price that one wouldn't want to pay."

San Diego's "City Pure Water" recycling program – projected to serve about half the city's needs within 20 years -- was called out as an example of technology that'll have to become more widespread.

Those efforts and other capital projects are in line for state Prop.1 subsidies, which will soften the impact of rate hikes.

The upshot of the two hour meeting at city hall?

Californians can't expect to go back to the days of giving no real thought to their water use.

"We know that conservation will be a way of life,” Faulconer said, “not just the next five or 10 years, but the next 20, 30, 50 years out in advance."

One question raised during a Q&A media availability during the meeting was the potential threat posed by the mining waste spill in the Colorado River -- a water source for Southern California:

"The spill is really upstream from where Southern California gets its water from the California aqueduct,” replied city Public Utilites Director Halla Razak. “We are watching very carefully and doing plenty of testing, and at this time, there is absolutely no concern for the quality of water because we're over 800 miles away from where the actual spill happened."

The governor was asked whether he might consider funding desalinization projects with some money from the controversial, high-speed rail program -- as critics of the so-called "Bullet Train" have suggested.

He gave a roundabout answer, drawing laughs for his obvious evasiveness, which boiled down to "no."

Two years ago, 6-year-old Jaden Hayes lost his father. Last month, his mother died in her sleep after tucking him into bed.

But the Georgia first grader is not letting the tragedy define him. He wanted people to know him for his smile, instead, so in July he set out on a mission, dubbed #TheSmileExperiment, to share his smile and hopefully get one in return. 

"After attending a funeral and a viewing, and seeing all these grownups walking around and nobody was smiling, he just got tired of people with sad, frowny faces," Barbara DiCola, his mother's sister, told Today.com. "He really wanted to make people smile and so asked me, how we could make people do that."

In July, DiCola took Jaden to downtown Savannah, Georgia, looking for friendly faces. Jaden approached at least 275 people during their two outings, giving out trinkets in exchange for a grin.

DiCola's daughter, Tasha Compton, has been keeping track of Jaden's "smile giveaways" on her Instagram. The experiment took off when others started sharing photos of themselves using  #thesmileexperiment. By Wednesday morning there were 1,339 posts tagged with the hashtag. 

"He's just a ray of sunshine. He's always been like that. It exudes from him," DiCola's told Today.com

San Diego Police are searching for three suspects wanted in connection with a brutal beating in the Gaslamp District that left a man with a brain bleed and multiple skull fractures.

Surveillance pictures released Tuesday show the suspects walking away from the incident, which happened June 19 at 1:47 p.m. on the 700 block of 5th Avenue.

Police said the 22-year-old victim was being protective, standing between two female friends and several men who were harassing them.

The victim did nothing wrong when he was viciously punched by an unknown man, officials said. He suffered a brain bleed and multiple fractures to his skill and face.

“It’s a really bad thing, especially with this being America’s Finest City and all,” said San Diego resident Eric Diaz. “You hope things like that don't happen."

The assault is one in a string of high-profile attacks in the Gaslamp District.

Six people are still wanted for questioning in a 4th of July beating on 6th Street, where a victim suffered similar injuries when he was punched, according to police.

Last year, Michael Beaver was killed when he was sucker-punched during a fight as he was about to leave the area.

“It troubles me very deeply every time I hear something unfortunate happening to one of our guests or people in area,” said Michael Trimble, executive director of the Gaslamp Quarter Association. “Really we try to reach out to police when things like that happen.”

He said his association is rolling out a new initiative to help expedite police response times.

The organization also holds monthly public safety forums for high-level security guards from each venue, getting them in one room to talk about best practices.

Those involved in private security at the bars and clubs then keep in close contact with each other so they know if anyone is creating a problem, according to Trimble.

“If there is a bad apple in one of these venues, we’ll know about it and get police involved so they won’t have a problem in the next venue,” he said.

Anyone with information regarding the June incident is asked to call San Diego Police Detective Omar Sinclair at (619) 744-9592.
 

In light of recent violence – and a Newport Beach leaf-blower prank – at movie theaters across the country, some cinemas are beefing up security.

At Edwards Cinemas in Mira Mesa, staff has posted a sign that reads, “For the safety and comfort of all our guests, backpacks and bags of any kind are subject to inspection prior to entry to this facility. Thank you for your cooperation.”

Moviegoers said the theater has set up a table, where a staff member sits to check purses and backpacks. The person told them not to worry, they’re not checking to see if visitors are bringing in their own food.

Many guests were well aware of why their belongings were being searched.

“I think we have to do that unfortunately,” said moviegoer Rick Cochran. “It’s become necessary.”

Last Wednesday, a hatchet-wielding man was shot to death at a Nashville, Tennessee, movie theater after attacking one person. On July 23, a gunman stood up in a Lafayette, Louisiana, showing of the film “Trainwreck” and killed two people before turning the gun on himself.

And over the weekend, pranksters turned on a leaf blower in an Edwards theater in Newport Beach, frightening those watching the thriller “The Gift.”

“Who knows what people can bring into a dark room,” said San Diego movie patron Kat. “But at the same time, when you’re rushing to just go see a movie and enjoy it, it’s not the airport.

“Not a big fan, I’ll say that,” said Kat of the bag searches.

Edwards Cinemas, operated by Real Entertainment Group, referred NBC 7’s requests for comment to the corporate offices in Tennessee. Despite leaving several messages, we did not hear back.
 

A Twitter account claiming to be the “Hacking Division” for the terror organization ISIS has published what it claims to be the personal information of hundreds of members of the U.S. military and government personnel, and urged supporters to carry out attacks, NBC News reported.

The Islamic state hacker group claimed the information contained names, emails, passwords, credit card and phone numbers of personnel that included individuals from the Air Force, the Marines, NASA and the Port Authority of New York and New Jersey.

Flashpoint Intelligence, a global security firm and NBC News consultant, said it could not authenticate the claim or the accuracy of the information.

There is also no indication as to how old the information is, or whether the email addresses and passwords are still valid.

"We are aware of the report but cannot confirm credibility at this time," a spokesperson for the Department of Defense said in an email. "The safety of our service members is always a primary concern."

San Diego State University just received a generous gift from the locally based Moxie Foundation.

The organization donated $5.1 million to the university to help expand entrepreneurial programs.

The endowment will establish a professorship, a graduation prize and a design thinking platform.

Listed among the top 25 on FORBES Magazine’s list of America’s Most Entrepreneurial Universities, SDSU officials say their school is already considered a top center for innovation.

The donation will to expanding the Zahn Innovation Center created in 2012. Dubbed the Zahn Innovation Platform, the additions will include a campus-wide hub for entrepreneurial collaboration, a lab and creativity lounge to help turn ideas into companies.

The Zahn Professorship of Creativity and Innovation will be a rotating two-year appointment for faculty members to support entrepreneurial initiatives for students and faculty.

The Irwin Zahn Spirit of Innovation Prize will cover a graduate’s student debt allowing them to pursue business goals without hindrance.

This is the Moxie Foundation’s third gift to SDSU.
 

A San Diego Superior Court judge ruled Friday that Genuine Parts Company, the corporate owner of NAPA Auto Parts, must pay $338,000 for overcharging customers.

Genuine Parts Company allegedly charged customers too much by using register scanners that rang up inaccurate prices. Inspectors found the price charged at the register was not the lowest posted price displayed at the store, a violation of California law.

The settlement only applies to NAPA Auto Parts stores owned by Genuine Parts, not independently owned ones.

The civil complaint was filed by San Diego County District Attorney Bonnie Dumanis' Consumer Protection Unit working with Merced and Alameda District Attorneys' Office and Weights & Measures officials throughout the state.

"This judgment reflects the significance of the County Department of Agriculture, Weights and Measures in ensuring businesses deal fairly with consumers," District Attorney Dumanis said in a statement. "It's important that businesses compete fairly in the marketplace and charge the prices they advertise."

Genuine Parts Comany must comply with California's pricing-accuracy laws, and must improve pricing procedures over the next three years.

More than 650 animals at the San Diego Humane Society are currently up for adoption, and staffers hope Saturday’s Clear the Shelters event will connect them to a loving home.

A nationwide initiative, Clear the Shelters aims to help find homes for animals waiting to be adopted. Fifteen shelter locations in San Diego County are participating and the event runs from 10 a.m. to 5 p.m.

Animals like Sadie the Chihuahua, who was abandoned at a dog park, but now in the care of Chihuahua Rescue of San Diego, are available.

After a grooming, dental work, spay and some TLC, she’s ready to meet her new would-be owner.

In addition to Sadie, more than 200 dogs are up for adoption at the various San Diego County Humane Society locations, as of Tuesday. Also, 357 cats and kittens and 87 other animals, such as rabbits, birds, horses and guinea pigs, are available.

Humane Society staffers noted that all of these hundreds of animals equally need a loving home.

“Animals that tend to stay long with us are adult cats, pit bulls and Chihuahuas,” said Stacey Zeitlin, senior director of community engagement for the humane society. “We have some animals that have been here a very long time.”

In preparation for the surge of adoptions, Zeitlin said the humane society has increased staffing levels for Saturday and brought in volunteers to help streamline the process.

The humane society is also testing out a new adoption process during the event to have those adopting an animal be escorted from station to station to process their adoptions, as opposed to staying with one counselor throughout the process.

This will free up adoption counselors to quickly move from person to person, Zeitlin said.

“We want people to come and leave with animals,” she said.

Staffers are excited to clear those shelters.

“We are really excited for the traffic and event and for the push NBC has done,” she said.

Former NFL executive Carmen Policy was brought in to help the Chargers and Raiders sell the NFL on their plan to build an NFL facility in Carson. Since then large portions of the fan bases of both teams have thought it's nothing more than a bluff.

On Tuesday morning Policy emerged from a room at the NFL owners meetings outside Chicago. He had just assisted in a presentation to the league and its owners, outlining why he believes the Bolts and Raiders should be the ones who move to Los Angeles. Then he eliminated any doubt about the intention of the franchises.

"The Chargers and Raiders are committed to Los Angeles," said Policy.

He cited a study that found the two most popular NFL franchises in Southern California are the Chargers and Raiders as a reason the Carson project is superior to Rams owner Stan Kroenke's plans in Inglewood. However, "Southern California" does include San Diego, where the vast majority of that Chargers fan base lives. Do the Chargers expect those people to make the drive up to Carson every Sunday?

"We don't expect it but we're going to work on it," said Policy. "We're hoping they're going to follow the Chargers to Southern California."

Interesting statement when it would seem San Diego County is the southern-most part of Southern California. Perhaps it hints at the possibility the team would not be known as the Los Angeles Chargers, instead taking on the name the Southern California Chargers. Policy continued to sell the Chargers to Carson idea.

"Twenty five percent of the Chargers business is located in the L.A. market. That number comes from the league and it also comes from their recognition of where their season ticket holders are," he said.

That's something we've heard before. However, a source close to the Chargers situation told me that number is a rough, non-scientific estimation, if not an outright fabrication. Problem is it's almost impossible to prove (or disprove) without opening the books, something the NFL has fought against repeatedly for its franchises.

The biggest reason the NFL wants to have a team or two in L.A. is, of course, money. Policy says combining the Chargers and Raiders creates something even larger than what the Giants and Jets have in New York.

"(It) now becomes a mega-market. What you've done is created a mega-market that runs from Santa Barbara to Mexico," he said.

At nearly 25 million people strong, that mega-market would be a dream for advertisers. It's also the reason the NFL is looking seriously at making it happen.

A San Diego man was decapitated when he attempted to "plank" under a moving train two months ago, according to the coroner's report released Tuesday.

David Kenneth Mark Archuleta Jr., 41, was walking with friends when he crouched down next to the tracks.

Officials say Archuleta rocked back and forth and then tried to roll under the train. However, he failed to clear the box car and died instantly according to the report.

The San Diego County Medical Examiner said the victim and his friends had planned to film Archuleta  "planking" under the moving train.

The San Diego County Sheriff’s Department investigated the incident that happened near Market Street and Harbor Drive on June 10 just before midnight.

A northbound Northern Santa Fe freight train was traveling northbound through downtown near the Embarcadero. The ME's report said the gate and lights used to warn pedestrians were operating normally at the time.

A toxicology report shows Archuleta had marijuana in his system at the time of his death.

An uncle told officials Archuleta lived a transient lifestyle who was known to live with his father from time to time.

San Diego police are searching for a fugitive wanted in connection with the killing of a man at a hookah lounge in Rolando last fall.

The San Diego Police Department (SDPD) said Neil Edward Downey, 26, has a warrant out for his arrest for the deadly shooting of Rodney Harmon, 29.

On Nov. 16, 2014, Downey and Pierre Verenee Readus, 29, both of San Diego, allegedly shot and killed Harmon just after 4 a.m. at the Crown Hookah Lounge at 7059 El Cajon Blvd.

As the lounge owner told NBC 7 last fall, the business had already closed for the night when the few people left inside heard a loud banging at the door. Harmon got up to answer the door. He was shot several times in the chest and collapsed and died in a nearby alley.

On April 8, nearly six months after the killing, SDPD homicide investigators arrested and charged Readus with the murder of Harmon. On Aug. 6, the San Diego County Grand Jury issued indictments for both Readus and Downey in the murder case.

Police said Readus, facing a first-degree murder charge, has been in custody at San Diego Central Jail since April. He’s being held on $2 million bail and is slated to appear in court again on Aug. 26.

Meanwhile, investigators are trying to track down Downey, who remains at large. The wanted fugitive is considered armed and dangerous, so anyone with information on his whereabouts should contact the SDPD Homicide Unit at (619) 531-2293 or Crime Stoppers at (888) 580-8477.
 

Little Italy’s Amici Park will be transformed into the ancient Italian city of Pompeii this Saturday for a lively toga party that will also double as an important community fundraiser.

“Ferragosto: Pompeii: Little Italy’s Toga Party,” which runs from 6 p.m. to midnight, is an evening of drinks, food and live entertainment – and Little Italy’s take on the Italian holiday, “Feriae Augsti.”

This year, guests are encouraged to wear togas and strappy sandals to the soiree as they enjoy the trip back in time to ancient Pompeii, complete with props and circus rides.

Of course, it’s not an Italian celebration unless there’s food, so the event will feature dishes and cocktails from San Diego restaurants including Monello, Isola Pizza Bar, Kettner Exchange, Cookbook, PrepKitchen, Caffe Italia, Bencotto and more.

Organizers say the toga party will raise funds to help support local organizations including the Washington Elementary School Foundation, Our Lady of the Rosary Church and the Little Italy Association. NBC 7 meteorologist Jodi Kodesh will help emcee the event.

Tickets start at $105 per person. For more details, visit the Ferrogosto 2015 website.

A terminal at Ontario Airport was evacuated early Wednesday due to an investigation into a "possible explosive."

Airport police ordered to evacuation due to an item found in a carry-on, according to a Transportation Security Administration spokesman. Details regarding the item were not immediately available.

The evacuation ordered at about 6 a.m. was lifted about 30 minutes later. Passengers in the lobby were evacuated outside the building. Travelers already cleared through security were sent to a gate away from the site of the investigation.

A traveler told NBC4 she saw a hazardous material team respond to the passenger screening area and one person was in custody.

"It was very orderly, nobody seemed to be panicking," said Stabile. "We saw a man sitting in a chair with his hands cuffed behind his back."

TSA Spokesman Nico Melendez did not have information about a possible arrest.

The airport is about 40 miles east of downtown Los Angeles.
 

 

Just got a threat at #Ontario #airport everyone evcauate!

A video posted by Mr.ArbitrageEnt (@arbitrageent) on Aug 12, 2015 at 5:49am PDT

The woman behind the wheel in a crash that killed two teens last month said she and her family think about the tragedy every single day.

Speaking for the first time since the tragedy exclusively to NBC 6, the driver, 23-year-old Asia Valentine, said she and her family feel deeply for the parents of the teen couple who died. Her lawyer said no crime was committed. 

The tragedy unfolded on July 27 on a stretch of Pembroke Road just west of I-75, where there are no street lights. Valentine told NBC 6 that she simply didn't see the teens out in the road, helping a friend push his broken down BMW.

"I tried my best to avoid the collision but it was just so dark outside," Valentine said. "It is a tragedy and I think about it every day. It’s just very unfortunate."

Valentine spent part of Tuesday at the Miramar Police Department speaking to detectives. They are gathering evidence to decide whether Valentine should face any criminal charges.

Valentine and her parents exclusively told NBC 6 the accident that killed Jonah Mosaphir and Gabrielle Camps, both 19, is something that haunts them every minute and they have no words to express their sense of sadness for the families of the teens. The friend, 19-year-old Giovanni Martinez, was seriously injured.

"I think about it usually at night time at the time it actually happened and when I first wake up in the morning," Valentine said.

The crash happened two weeks ago. The victims' families continue to grieve their losses.

"He had a bright future going. The family's very distraught right now," said Vic Mosaphir, Jonah's uncle.

Police obtained a search warrant for Valentine's vehicle for testing and are also taking a look at her cellphone, which are standard police procedures.

"I think the police know there's no alcohol involved. There are no drugs involved. She wasn't texting. She wasn't on the phone. We know the area that it happened, there's no lights," said Valentine's attorney, Barry Snyder.

The police report listed Valentine's condition at the time of the accident as normal and says she attempted to swerve out to the way but failed to do so in time.

"I was coming from my best friend's house and I was coming home, and it just happened out of nowhere. I just seen them at the last minute and I tried to avoid it but it was too late," she said.

Police are trying to sort through conflicting accounts. One witness said the disabled vehicle's lights were on.

But Valentine's lawyer showed NBC 6 the written statement delivered to police Tuesday that claims the disabled vehicle didn't have any lights working.

John Lucas Vogel, who is Valentine's neighbor, said when he passed the car, it was in the dark.

"It was turned off and at the moment, the kids weren't pushing the vehicle. They were on the side of the road so it’s not like they were blocking the blinkers," Vogel explained.

The lawyer for one of the families told NBC 6 they believe the disabled vehicle lights were flashing and they believe Valentine was distracted for some reason.

As to whether she was distracted, or did nothing wrong, Miramar Police said their investigation is underway and that they cannot release any details.

The father of a 13-year-old boy whose leg was crushed by a Volvo last week said his son will walk again.

In an exclusive interview Tuesday, Ahmed Mohemad told NBC 7 he owes everything to the good Samaritans who jumped into action and lifted the car off his son Yusuf after the Aug. 7 crash in City Heights. 

“They [did] a good thing for me. I was away. My child was laying on the ground bleeding. So he’s like their children. He’s like their child,” Mohemad said with tears in his eyes.

San Diego Police say a hit-and-run driver rear-ended a woman’s car at 49th Street and University Avenue last Friday, causing her to lose control and hit two pedestrians.

The pedestrians were Mohemad’s son and his son’s friend, who suffered a minor head injury. The boys were returning from Friday prayer at a nearby mosque when they were hit.

“I asked [my wife] what happened and she was screaming. I expected the worse,” said Mohemad. “The car hit my son in which way? Is he dead? Is he alive? Did he lose his legs?”

Mohemad arrived to the scene, but his son had been transported to Rady Children’s Hospital. Later he learned several men nearby had raised the car enough to pull Yusuf out. He was told one of the men took the shirt off his back to wrap over his boy’s injured leg.

“I say, thank you so much,” said Mohamed.

The car broke the teen’s femur in three places. Doctors told Mohamed his son should be on his feet in a few months and possibly fully recovered in about a year.

According to police, there is no new information on the hit-and-run driver.
 

A beauty queen from Pennsylvania is being stripped of her crown after she was accused of lying about having leukemia to benefit from fundraisers. 

Brandi Weaver-Gates has been the reigning Miss Pennsylvania U.S. International pageant winner.

Online court records show the 23-year-old, of State College, was arraigned Tuesday on charges of theft by deception and receiving stolen property.

Investigators in Centre County said events were set up to raise money for her medical bills. Police said Weaver-Gates took the money even though she didn’t have cancer.

State police said an April bingo benefit raised $14,000.

Police said Weaver-Gates went as far as shaving her head. In addition, police said she had family members drive her to a hospital, where she would wait, and then return hours later to appear as though she got treatment. 

In a statement on its Facebook page, Butler’s Beauties, the pageant organizer, said in part, "Effectively immediately, Ms. Weaver-Gates is no longer a representative of the Miss Pennsylvania U.S. International organization and will be required to return her crown and sash upon her release from being detained."

Troopers are asking the public to come forward if they have donated money to Weaver-Gates.

Records don't list an attorney for Weaver-Gates, who faces a preliminary hearing Aug. 19.

Mall operator Westfield Group plans to add a 10-screen movie theater and adjacent pedestrian plaza at its Westfield North County property in Escondido, according to the city manager’s office.

Officials said Westfield has submitted a request to modify the master development plan for the mall property, in order to add a new 50,340-square-foot, 10-auditorium movie theater whose operator has not yet been finalized. The theater and pedestrian plaza would be built on what is currently parking lot space.

The company’s request includes a new 28-foot-tall pylon sign at the southwest corner of Bear Valley Parkway and Beethoven Drive. The city’s Economic Development Subcommittee is scheduled on Aug. 12 to consider Westfield’s request for expedited processing as part of a business enhancement zone.

If authorized for expedited processing, officials said the proposal would be considered directly by Escondido City Council at a future public hearing, without Planning Commission review.

Sydney-based Westfield Group owns or holds stakes in seven malls in San Diego County. The company in 2012 completed a $55 million renovation and expansion of the Escondido mall, located at 272 E. Via Rancho Parkway off Interstate 15.

Westfield currently has underway a $500 million renovation at its Westfield UTC mall at University Towne Center, and a $300 million overhaul of its property now known as Westfield Carlsbad.