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Family Mourns 3 People Killed in Lemon Grove Crash

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Flowers and candles lined the corner of Massachusetts and Lemon Grove avenues Thursday night, where several members of the Soto's family were killed or seriously injured in a crash.

A steady stream of well-wishers came by to share a prayer and their sympathies with the family.

Diego Arroyo girlfriend, Lizbeth Soto, 18, was one of three killed in the head-on collision on Wednesday.

“Tears started coming out of my eyes badly. It hurts, it really hurts. This is a tragedy,” said Gustavo Zacaida, a close friend and co-worker of Lizbeth's father Jose Soto.

Soto also his 7-year-old granddaughter, and his only son, 12-year-old Jose Alexander in the crash.

Zacaida recalled how Soto had reacted when Jose Alexander was born.

"It's a boy, it's a boy. He was so excited like a little kid. Now his boy is gone,” Zacaida said.

Five members of Soto family were involved in the crash.

Soto's oldest daughter, 20-year-old Emili Soto was behind the wheel of the black Acura when it collided head-on with a gray SUV. 

Deputies said the impact severely damaged the Acura and first responders used the jaws of life to extricate the victims.

Soto's 4-year-old granddaughter remains  hospitalized at Rady Children's Hospital Thursday night.

Emili was turning left on to Massachusetts Avenue from Lemon Grove, when 

“There is nothing I can say, you know other than just give him a huge hug and show him my support,” Zacaida said.

Family, friends and even complete strangers stopped by the memorial and visited the hospitals where the survivors are being treated.

Soto's employers also started an online fundraiser with a goal of raising $50, 000.



Photo Credit: NBC 7

Trump Named in More Lawsuits Than Past 3 Presidents Combined

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President Donald Trump has been named in more than 50 lawsuits since taking the oath of office, a staggering number compared to the first days of past administrations, NBC News reported.

Since being sworn in Jan. 20, Trump has been named in 52 federal cases in 17 different states, according to the Administrative Office of the United States Courts. Comparatively, Barack Obama was named in three and George W. Bush and Bill Clinton were each named in four cases between Jan. 20 and Feb. 1.

While the president is often named in court cases against the federal government, the Trump administration is facing a wave of legal challenges for its two controversial executive orders that focus on immigrants from Muslim-majority nations or immigrants who entered the U.S. illegally. They also will have to battle a lawsuit over Trump's possible conflicts related to his business holdings.



Photo Credit: Getty Images

French Artist Gives $2.2M Local Vets

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A 77-year-old famous French artist named Jean-Pierre Rousseau is donating more than 100 paintings to benefit our local military at the Warrior Foundation – Freedom Station.

The $2.2 million collection includes pieces by the former painter for Princess Grace of Monaco as well as other celebrities.

Rousseau’s reason for the donation is based on a fond memory with American troops 70 years ago, a friend told NBC 7.

Rousseau told friend, Dina Eliash Robinson, “When I was a little boy, I remember being with my father watching the American troops march into Paris (this is World War II), liberating Paris, and I owe them a debt of gratitude.”

Locally, his art was featured in a La Jolla gallery until the owner died.

Instead of sending his work back to France after her gallery closed, Rousseau asked for his paintings to be donated to help wounded veterans in San Diego.

Warrior Foundation – Freedom Station helps members of the military who are seriously injured after returning from war, those suffering from post-traumatic stress disorder, those undergoing physical therapy and warriors who are medically retired.

A volunteer with the organization and the Vice President of the Navy Nurse Corps of Southern California, Ellen Citreno, said even if they sell 10 percent of the paintings it will help the organization do more for veterans. 

“So, for him to remember us and what he sees on the news and what he sees over in France that are still happening to our troops and the injuries that are phenomenon that just we can’t imagine being without legs and arms and trying to live a life where you can get back into society,” Citreno said.

The art will be on display for donations to the Warrior Foundation – Freedom Station on Saturday and Sunday at the Scottish Rite Events Center in Mission Valley (1895 Camino del Rio South, San Diego) from 10 a.m. to 5:30 p.m. both days.

Purchases are tax-deductible. For more information about the art sale, visit the website.

Carjacking in Carlsbad's Hosp Grove Park

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Carlsbad police were investigating the carjacking of a military veteran in Hosp Grove Park early Friday.

Officers were called to Monroe Road near El Camino Real at 5:30 a.m.

A man told police he was approached by a man wearing dark clothing who demanded his pickup truck.

No weapon was used, police said. The truck’s owner was not injured.

Police were on the lookout for a black, Dodge 250 pickup truck with purple heart plates.

The area where the carjacking occurred is a park known for its extensive hiking trail located in the northern area of Carlsbad.

No other information was immediately available.

Check back for updates on this breaking news story. 

Weekend Protests May Disrupt US-Mexico Border

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NBC 7's Elena Gomez reports on two events being planned for the weekend - one on the US side and one on the Mexico side near the San Ysidro Port of Entry.

Craft Beer Delivery Service Launches in San Diego

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A new service has launched in San Diego offering to deliver the city’s most carefully- crafted commodity directly to your front door: craft beer.

CraftHounds – formed by a group of friends and family with a passion for sharing good beers and hosting “bottle swap” parties at their homes – is a delivery service dealing solely in craft beer.

The concept is simple: customers hop on the CraftHounds website and enter their home address to generate a list of craft beers available for delivery in their area. They make their selections online, pay and, within 30 to 60 minutes, the beer is delivered to their home.

Partnering with 26 local bottle shops around the county and a few breweries, the company delivers six-packs, bombers and freshly-filled growlers seven days a week.

“We have about 4,000 craft beers right now that you can order,” Adam Gendler, director of product and marketing for Crafthounds, told NBC 7.

The vast inventory includes everything from well-known local labels like Ballast Point Brewing Co. and Green Flash Brewing Co., to bottles from around the world and beloved beers that are notoriously difficult to track down.

Gendler said rarer gems available for delivery include Russian River Brewing Company’s Pliny the Elder and Firestone Walker Brewing Company’s Stickee Monkee.

“We really take pride in being able to offer those kind of rare finds that you might not be able to find somewhere else,” he explained.

Gendler said a major reason for CraftHounds’ beer bounty is Servall Liquor, one of the company’s biggest retail partners. The store, located at 1279 University Ave. in Hillcrest, is also known as “Craft City.”

“They have over 2,000 beers which is what allows our website to be so great,” Gendler said.

Other partner retailers include Keg N Bottle locations throughout the county and Chip’s Liquor in Pacific Beach.

Customers can compare prices and even hone in on the perfect beer by filtering through characteristics that will best suit their tastes.

“You can sort by style, flavor, even down to IBUs, ABV, or even the type of hops, if you want to, so you can really find the kind of beer that you’re looking for,” said Gendler.

CraftHounds’ partner breweries include 32 North and Amplified Ale Works. Ten more local breweries will be added to the company’s lineup this month, but those have yet to be announced.

This online “craft beer superstore,” as Gendler calls it, aims to open up beer enthusiasts to trying new things and discovering new beers.

“That’s the best part about craft beer – is the incredible selection that we have to choose from – especially here in San Diego,” he said. “That’s what makes this craft beer scene so awesome.”

Gendler said CraftHounds’ current delivery route stretches from Del Mar in San Diego’s North County to Chula Vista in the South Bay, and from Ocean Beach in the west to La Mesa in the East County.

Drivers are based in zones and matched with customers depending on where the customer is located. When a customer places an order, the driver is immediately dispatched to pick up the beer and make the delivery. Once the driver arrives, he or she checks the customer’s ID to verify they are at least 21 years old.

“We make sure that we take our compliance with state regulations very seriously – and once everything is good to go, the beer is yours,” Gendler added.

Customers must spend a minimum of $12 to use the delivery service – about the price of a six-pack or a couple of 22-ounce bomber bottles. The delivery fee averages between $3 and $6, depending on a customer’s distance from the store that is selling their selections.

Gendler said customers can also place an order ahead of time to have it delivered on a specific day, like for a party or even as a weekend treat.

“If you want a bottle – you’re feeling it on a Monday, but you don’t want it delivered until Friday at 6 p.m. – you can place that order and it might even beat you home from work on Friday.”

Gendler said the company’s busiest times are Friday and Saturday evenings, as people are at home unwinding from a long week. On weekends, Crafthounds averages about five deliveries per hour.

“We see a lot of people ordering in or, if they’re at a party, and they don’t want to leave,” he explained.

As CraftHounds catches on, Gendler said the company has plans to expand to other cities like San Francisco, Portland, Seattle, Denver, Boston and New York City.

But, for now, he said San Diego – with its healthy, burgeoning craft beer culture – is the perfect pilot city.

“The [craft beer] culture of San Diego is probably the sole reason that we decided to launch here. The craft beer community is incredibly supportive,” he said. “It’s something that makes San Diego really unique and special.”

He hopes CraftHounds will fit into the spirit of the community and, in his words, “bring breweries and bottle shops and craft beer lovers together.”

“There’s that saying: ‘When the tide rises, all the boats float.’ And, I think, that is really what we’re trying to do. We’re trying to bring together the craft beer community and make one centralized place where everyone can come to just really enjoy craft beer,” he added.

This month, CraftHounds has partnered with Paralyzed Veterans of America and 15 breweries across the city to raise funds for the organization. For any order that comes through Crafthounds for a product from one of those breweries, the company will donate $1 to Paralyzed Veterans of America.

To learn more about CraftHounds, click here.



Photo Credit: Crafthounds
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Homemade Explosive Thrown Into Cheesecake Factory

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Authorities Thursday night were searching for a man who threw a "homemade pyrotechnic device" containing gunpowder into a crowded downtown Pasadena restaurant that sent diners scrambling for cover, police said.

Nobody was hurt in the explosion after 6 p.m. at the Cheesecake Factory on Colorado Boulevard in Old Pasadena, police said.

Police safely evacuated diners from the restaurant and found the expended device, according to a Pasadena Police Department news release.

Untouched plates of food and personal belongings were left behind in the deserted restaurant. 

"People were jumping over one another, fighting to get over bar stools, people were tripping, falling...stuff going everywhere. It was very chaotic," said Garrett Gunkle, who went back to the scene to try to collect the belongings he left behind.

A man opened the door of the restaurant, lit the device, threw it inside and fled southbound on Fair Oaks Avenue, police said. The device landed under an unoccupied table. 

Gunkle said he saw an explosion, and he and his wife bolted out of the restaurant as quickly as possible.

The man who threw the device was described as about 6 feet tall, thin build, with a heavy beard. He wore all black clothing and a black beanie.

The motive is not known, police said.

Anyone with information can reach Pasadena police at 626-744-4241. Tips may also be submitted anonymously to L.A. Regional Crime Stoppers at 800-222-8477.

1,500+ Apply to Adopt Rescued Yorkies

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An overwhelming response from people wanting to adopt rescued Yorkie and Yorkie mix-breed dogs has prompted the San Diego Humane Society to close the process earlier than planned.

On Thursday, people could begin applying to adopt one of the 90 dogs and puppies recently rescued from a Poway home.

Just one day later, the humane society announced it will no longer accept applications for the dogs' adoption.

Staff said more than 1,500 applications were received for 90 dogs so the organization decided to end the process before the noon Saturday, Feb. 4 deadline.

The applications will be reviewed and a lottery will be held, the humane society said.

The agency said they will contact each family individually to set up an appointment so as to not overwhelm the dogs.

On January 20, animal service workers seized 92 Yorkshire terriers and Yorkshire terrier mix breed dogs from a home in Poway.

Officials said the owners, an elderly couple, sought out help for the animals that were living in overcrowded, unsanitary conditions. 

Four days later, an additional 29 Yorkie mix-breed dogs were found at the same home.



Photo Credit: San Diego Humane Society
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Student’s Online Post Sparks Investigation at Fallbrook HS

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Authorities were called to Fallbrook Union High School in San Diego’s North County Friday morning to investigate a report of a student accused of posting a photo of a gun online.

The San Diego County Sheriff’s Department (SDSO) said the principal of the high school called deputies to report the student’s alarming social media post.

Deputies arrived at the campus around 10:30 a.m.; the SDSO said officials were questioning one person inside the principal’s office.

There was no lockdown order issued at the high school; no one was hurt.

Fallbrook Union High School is located at 2400 S. Stage Coach Ln. It is part of the Fallbrook Union High School District. It was founded in 1893, and is the second oldest high school in San Diego County.

No other information was immediately available.

Check back for updates on this breaking news story. 



Photo Credit: Google Maps

Things to Do This Weekend: Feb. 2-5

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Welcome to your weekend, San Diego! Whether it's a pint night, the Circus Vargas or one a Broadway musical, there are plenty of ways to have fun this weekend. Have a great one!

Thursday, Feb. 2

Encontro’s Karl Strauss Anniversary Pint Night
7 p.m., Encontro North Park
North Park eatery, Encontro (3001 University Ave.) will host its anniversary “Pint Night” Thursday at 7 p.m. Karl Strauss will take over the taps, pouring an array of beverages, from Whiskey Sour to Barrel-Aged Imperial Rye Stout. If you order a pint of the specials, you get to keep the glass.

Circus Vargas: Steam Cirque
7:30 p.m., Mission Bay Park
In Del Mar for the past few weekends, Circus Vargas now makes its way to Mission Bay Park for the next 11 days, bringing under its big top its newest show, “Steam Cirque,” inspired by the worlds of steampunk and science-fiction. Opening Night at the Mission Bay Park location is Thursday; tickets range from $22 to $72; Arrive 45 minutes before show time and the kids can partake in an interactive pre-show where they can practice hands-on circus skills like juggling and balancing alongside the pros. “Steam Cirque” will stay at this location through Feb. 13 before heading to National City.

Matilda The Musical
7:30 p.m., San Diego Civic Theatre
The four-time Tony Award-winning Broadway musical, “Matilda,” takes the stage in San Diego this weekend, with shows through Sunday. Based on the beloved book by Roald Dahl, “Matilda the Musical” tells the story of a young, sharp girl with a vivid imagination who takes a stand and changes her destiny. Thursday’s show is at 7:30 p.m.; there are two shows Saturday (2 p.m. and 7:30 p.m.) and two on Sunday (1 p.m. and 6:30 p.m.). Tickets start at $22.50.

Black Violin
7:30 p.m., California Center for the Arts Escondido
Virtuoso violinists Wil B. and Kev Marcos have found a way to meld highbrow and pop culture through their “Black Violin” show, in which they play a fusion of tunes from many genres including jazz, classical, hip-hop, blues and R&B. Over the years the duo has opened for some big names: Kanye West, Aerosmith, 50 Cent, Alicia Keys, Tom Petty & The Heartbreakers and more. Tickets to this show range from $20-$40.

Friday, Feb. 3

Lunar New Year ‘Tet’ Festival 2017
5 p.m. to 10 p.m., Qualcomm Stadium
The popular Lunar New Year ‘Tet’ Festival returns to Qualcomm Stadium for three days, bringing live music, entertainment, games, and lots of food, all to celebrate the Lunar New Year, which marks the arrival of spring based on the Lunar Calendar. The party continues Saturday from 10 a.m. to 10 p.m. with an opening ceremony featuring lion dance troupes, and again Sunday, from 10 a.m. to 10 p.m.

National Wear Red Rally
5:30 p.m. to 7:30 p.m., The Headquarters at Seaport
Support the American Heart Association’s “Go Red for Women” – to help fight heart disease – with the National Wear Red Rally in San Diego Friday evening. The rally starts at 5:30 p.m. at The Headquarters at Seaport, and ends at downtown’s Omni Hotel San Diego. There will be Happy Hour and live music at the Omni from 6:30 p.m. to 7:30 p.m. in celebration of the march. The event is free; don’t forget to wear red.

San Diego Sockers vs. Tacoma Stars
7:35 p.m., Valley View Casino Center
Bring the family to this all-ages soccer game as the San Diego Sockers take on the Tacoma Stars Friday night at Valley View Casino Center. Tickets start at just $11 per person.

Saturday, Feb. 4

Big Bear Snow Trip
5 a.m., Five Star Tours
It’s not winter without a trip to Big Bear to ski or snowboard. If you’re worried about the hassle of getting up there, try this tour, taking off from Downtown San Diego. A bus will take you up to Snow Summit to enjoy the fresh powder, just hours from sunny Southern California. Packages start at $80.

Love Your Wetlands Day 2017
9 a.m., Kendall-Frost/Northern Wildlife Reserve (Mission Bay Park)
This delicate saltwater wetland in Mission Bay is normally closed to the public – but this annual event is one of the only opportunities for the public to visit the wetland. Learn about the marsh and its inhabitants while you enjoy some of the beauty in our own backyard. From 9 a.m. to noon, there will be a set of activities that will repeat from 1 p.m. to 4 p.m. If you want to walk through the marsh, bring rubber boots and prepare to get dirty. Children will need to be at least eight years old for marsh walking. You must RSVP in advance. The event is free.

San Diego Fermantation Festival
10 a.m., Waterfront Park San Diego
Soak in some wintery sunshine and enjoy the beautiful views from the Waterfront Park at this family-friendly outdoor festival. The festival includes a Makers Marketplace, which has local and regional artisanal foodmakers and brewers. Additionally, there will be workshops and presentations throughout the day by fermentation experts explaining how and why to eat and make fermented foods and drinks. Plus, more activities, live music and entertainment throughout the day. General admission costs $26.87; admission to the Ambrosia garden costs $41.36 and includes 10 taster beers, ciders and mead.

Big Half-Price Book Sale
10 a.m., Encinitas Library on Cornish Drive
Looking for your favorite next read? Don’t miss this huge book sale, running from 10 a.m. to 4 p.m. Thousands of books will be on sale, mostly priced from 25 cents to $1. There will be current fiction, children’s books, art books, bookbooks, self-help books, and more. The sale will also have 25 cent CDs and DVDs priced around $1. Admission is free.

Disney’s Freaky Friday The Musical
2 p.m., La Jolla Playhouse
Don’t miss the West Coast premiere of Disney’s "Freaky Friday”, based on the hit Disney movie. With a book by Bridget Carpenter ("Parenthood", "Friday Night Lights") and music by Tom Kitt ("Next to Normal", "If/Then") and lyrics by Brian Yorkey ("Next to Normal", "If/Then"), recipients of multiple Tony Awards and a Pulitzer Prize, the show promises to be a delightful and polished production with two close friends playing the lead mother-daughter duo. It runs from Jan. 31 to March 12. You can buy tickets here. The show runs until mid-March.

San Diego Gulls vs. Ontario Reign
7 p.m., Valley View Casino Center
Hockey season continues as the San Diego Gulls take on the Ontario Reign at the Valley View Casino Center on Sports Arena Blvd. Tickets start at $18 per person.

Sunday, Feb. 5

Picasso At The Lapin Agile
2 p.m. or 7 p.m., The Old Globe
Don't miss the third piece in comedian and playwright Steve Martin's collaboration with San Diego's iconic Old Globe theater. The play, written by Martin and directed by Barry Edelstein, opens on The Lapin Agile in Paris 1904, where struggling artists (Pablo Picasso, for one) and one-day geniuses (picture: young Albert Einstein) come together for an extraordinary, witty night. The show runs from Feb. 4 to March 12. If you’re looking for other theater shows this year, check out this roundup of new and upcoming shows in San Diego this year.

The Big Game Celebration
1 p.m., House of Blues (Downtown San Diego)
If you're still looking for a place to watch the Big Game in San Diego, don't miss this viewing experience in Downtown San Diego. The House of Bues is offering theater seating at their venue , and some all-you-can-eat packages include bottomless beer cooler specials and a tailgate buffet. Packages start at $19.98. 

Shelter Island Art in the Park
9 a.m., Shelter Island, left of the traffic circle
Spend a relaxing morning on Shelter Island taking in local art. The Shelter Island Art Association will have a juried show featuring local San Diego artists. The show will include oil, acrylic, watercolor, colored pencil, photography and more. Admission is free. 

Free or Cheap Things to Do in San Diego
Times and locations vary

Is your wallet hurting from the holidays? In San Diego, there are still plenty of activities to enjoy for free or on the cheap. Go for a hike at Torrey Pines State Park or Cowles Mountain, stroll Balboa Park, try a new craft brewery, admire the murals of Chicano Park or read a book at a downtown park. Get out there and explore America’s Finest City.



Photo Credit: Mike Rollerson/Circus Vargas

Three Calif. Students Sue Trump Over Travel Ban

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Using President Donald Trump's tweets and news interviews as some of the basis for a federal lawsuit, three California university students have sued the president over his travel ban, saying he is unconstitutionally trying to fulfill a campaign promise to ban Muslims from this country.

The 36-page suit follows on the heels of a plethora of other suits filed this week against the president; from the American Civil Liberties Union, which raised about $24 million last weekend alone during the height of the airport protests over the ban, to a prominent Muslim group, to the city of San Francisco.

The suit, filed Thursday in U.S. District Court in San Francisco, is a class action complaint seeking declaratory and injunctive relief. An email to the U.S. Department of Justice seeking comment was not immediately returned Friday to the Associated Press.

According to the suit, Hadil Al-Mowafak - a Stanford University freshman - is now unable to visit her husband in Yemen.

Wasim Ghaleb, 23, also a citizen of Yemen - has been unable to return to resume studies in business administration at Grossmont College in San Diego.

And an unnamed Iranian national who is a Ph.D. candidate at UC Berkeley fears losing a job opportunity. He is stuck in Saudi Arabia where he was visiting family and now can't return because of the executive order, according to the suit.

All three hold valid F-1 visas, the suit says.

Because of the ban on citizens from seven predominantly Muslim countries these students now are enduring unconstitutional hardships, the suit claims, and there is "chaos and confusion" in the country.

Speficially, the suit alleges that the president's executive order violates the First Amendment because it is a "thinly veiled attempt to discriminate against Muslims by barring them from entry into the United States."  And thhe Immigration and Nationality Act ensures against this, the suit states.

Plaintiff lawyers are aruging that Trump's executive order is fulfilling a campaign promise to ban Muslims from entering the country.

Many citations in the lawsuit provide a direct link to Trump's tweets, including one he made on Dec. 7, 2015 that read "DONALD J. TRUMP STATEMENT ON PREVENTING MUSLIM IMMIGRATION," with a link to this proclamation.

The suit also references a July 2016 interview with NBC News "Meet the Press" host Chuck Todd and Trump, where the then-candidate said: "We must immediately suspend immigration from any nationa that has been compromised by terrorism until such time has proven vetting mechanisms have been put in place."

Plaintiffs lawyers include Julia Harumi Mass of the American Civil Liberties Union of Northern California and Adam Lauridsen and others, who are also representing Jewish Family and Community Services of the East Bay.

The reason the Jewish agency is a plaintiff, the suit says, is because the nonprofit "supports those refugees and immigrants who are already present in the area, and stands ready to welcome and provide services to additional refugees and immigrants who are able to gain entry into the United States."



Photo Credit: Getty Images

Eater SD: 2 Local Restaurants Open New Locations

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Eater San Diego shares the top stories of the week from San Diego’s food and drink scene, including a first look at brand new locations from Buona Forchetta and Breakfast Republic.

South Park’s Buona Forchetta Preps for Launch in Liberty Station
Take a look inside Buona Forchetta's new digs before the restaurant opens in Liberty Station. The popular South Park eatery has expanded to include more pizza varieties and Northern Italian specialties, plus lunch and a full cocktail bar. 

Breakfast Republic’s 4th Location Now Serving East Village
The fourth location of this crowd-pleasing eatery has debuted in the East Village. The daytime concept, which is also expanding to Ocean Beach and Carmel Valley, features craft beer alongside a menu of sweet and savory morning creations. 

StreetCar Merchants Expanding to the Gaslamp
With eateries in North Park and La Jolla, StreetCar Merchants is taking its fried chicken and doughnut concept to the Gaslamp, with a fast-casual/full-service hybrid restaurant that will also serve classic New Orleans-inspired cocktails.

Asian-Inspired Gastropub Taps Into Hillcrest
Newly opening at The HUB in Hillcrest is Whistling Duck Tavern, which features over 20 craft beers on tap, a spacious patio and an Asian-influenced menu of upscale bar dishes ranging from dumplings to steamed buns and a range of plates centered around housemade noodles. 

Where to Watch Super Bowl 51 in San Diego
If you're not hosting a Super Bowl party at home, consider cheering on your favorite team at a local restaurant or bar. Eater has a guide to 13 spots around town that are offering game day deals on football-themed drinks and grub. 

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Photo Credit: Medium Raw Arts
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Judge Orders NJ Girl Expelled in B-Ball Fracas Back to School

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A seventh-grade girl expelled from her New Jersey school after her family sued to give her a chance to play on the boys basketball team, must be allowed to attend class, an appeals court judge ruled Friday.

The decision comes a day after police, two priests and a deacon waiting outside St. Theresa's School in Kenilworth blocked basketball player Sydney Phillips and her sister from entering the building, igniting a social media firestorm.

According to the order issued by Appellate Court Judge Amy O'Connor Friday, the 12-year-old Phillips and her younger sister, who had also been expelled amid the ongoing litigation, must be let back in school pending a hearing.

Sydney Phillips' father, Scott Phillips, told NBC 4 New York he planned to take both girls to school Monday.

Earlier this week, he had been told his girls were no longer welcome on the premises. 

"They said that the children had been expelled, and that they were now trespassers," Phillips said.

The two girls had been kicked out of school because Phillips filed a lawsuit in December to let his daughter Sydney play on the boys' basketball team; there was no girls' team this season at St. Theresa's.

The Archdiocese of Newark cited the school's parent and student handbook, which says parents will be asked to remove their children from school if the parents name it in a legal matter or civil lawsuit. The Archdiocese said in a statement that Scott Phillips agreed to the handbook in writing last summer.

Sydney didn't understand.

"I just asked to play basketball and now I'm being expelled, it makes no sense at all," she told NBC 4 New York. "I don't want to go to any other school."

A different judge ruled in January that the family could not prove that the girl had a legally established right to play basketball with the boys. Under the appellate ruling Friday, the Phillips' attorney has until Monday to file a legal brief and the school's lawyers have until Tuesday to respond. 

Phillips admits he signed the handbook but never imagined things would go this far.

Other parents at the school said they don't understand why the church would close its school doors to honors students. 

"It's a shame it got so out of control," said parent Ryan Velez.

Velez, like other parents, remembers signing the handbook, but, he said, "you don't always read what's in there ... but rules are rules." 

NBC 4 New York attempted to reach the principal of St. Theresa's School Thursday but the office quickly hung up the phone. 



Photo Credit: NBC 4 NY

Wanna Be 'Pickup Artist' Gets 8 Years in Prison

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A San Diego woman's personal investigation exposed the local pickup artist community and led police to three men who were ultimately convicted of raping her and sentenced to prison.

Jason Berlin, 28, is the third defendant sentenced in the investigation launched three years ago. He along with Jonas Isaac Dick and Alexander Markham Smith, took the victim to an apartment in the Gaslamp Quarter where they raped her.

Berlin later bragged about the act on a website designed to teach men how to "up your lay count."

Berlin's victim, identified only as Jane Doe, faced him in a downtown courtroom Friday. Her recollection of the night she was raped was so powerful, one person in the gallery began sobbing uncontrollably and left the room.

She read archived posts from "Efficient Pickup" a locally-operated website offering a "boot camp" on how to meet, seduce and sleep with women in one night." Berlin was a client. 

The young professional spent $2,000 a month to rent a downtown apartment the group called "The Train Station." The location was key, prosecutors say, so as to quickly move intoxicated women from the bars into the bedroom. 

Jane Doe told the court Friday that Berlin's own blog posts on the website revealed his goal was to have sex with 15 girls in three months.

However, the boot camp, apartment and website were shut down - exposed after the victim went to San Diego police describing what happened to her on October 13, 2013.

The victim was found by a friend unconscious, face down on a bed and surrounded by vomit with two of the defendants nude around her.

“That night is still fuzzy for me. I vaguely remember being woken up and told to put my dress back on,” the victim said.

The friend dragged the victim from the room and they reported what happened to San Diego Police, according to the initial criminal complaint.

Police launched an investigation but it wasn't until the victim used her knowledge about computers to track down the defendants.

“The only reason they made the arrest was you," Judge Jeffrey F. Fraser told the victim Friday. "You put together the packet and dropped it off on the detective’s desk.”

Berlin's own words, bragging about the assault, along with similar posts by Dick led to his arrest and ultimately, his conviction of raping a woman who was intoxicated.

“They were so brazen and so proud of what they did,” Deputy District Attorney Lisa Fox said. “He was a student and he liked what he was learning and he wanted more and more and more.”

Fox described so-called "train games" in which the men took turns having sex with women they knew were drunk.

“He did not still, three years later, understand what he did and show remorse,” Fox said. “He did not understand the gravity of what he did to the victim in this case.” 

Berlin, described as a socially awkward college graduate with a 3.42 GPA does not have the ability to show emotion because he lives with Asperger’s or an Autism Spectrum Disorder, his defense attorney argued.

In fact, the defendant showed no emotion when he addressed the judge and apologized for his actions. However, he cried openly when his mother turned and faced the victim and apologized to her.

"I became impatient and embarrassed when I was unsuccessful in developing friendships and relationships with women," Berlin said. "I then made the biggest mistake of my life and began paying thousands of dollars for what I naively believed was a mentorship."

His instructors were also convicted.

Jonas Dick pleaded guilty in January 2016 to rape of an intoxicated woman. He also pleaded guilty an additional forcible rape of a 17-year-old woman, which was discovered during this investigation, according to the San Diego County District Attorney's Office. He was sentenced to eight years in the state prison.

Alex Smith took his case to trial and was convicted by a jury of both counts: rape of an unconscious person and rape of an intoxicated woman, the DA's office said. He was sentenced to eight years in prison in December.

The website has since been shut down.

"This mentality is disturbing, it's dangerous, it's detrimental," Fox said adding that rape by intoxication is often really difficult to prove.

This case was unique.

“But for them bragging and blogging about it online, we probably wouldn’t be here today," she said.



Photo Credit: NBC 7

No Vid of Fatal Collision on MTS Cam: Deputies

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Investigators believe a fatal traffic collision that ended in the deaths of three member of one family was die to a red light violation. For now, detectives say they're not sure which vehicle failed to stop.

Lizbeth Soto, 18, Jose Alexander Soto, 12, and Camila Nava, 8, were killed  Wednesday in the crash at the corner of Massachusetts and Lemon Grove avenues.

They were traveling in an Acura that collided head-on with a Dodge Durango. One of the vehicles was impaled on a road sign and several victims were pinned in, a witness told NBC 7.

The driver, 20-year-old Emili Soto, was still hospitalized Friday along with 4-year-old girl Malina. Both were in critical condition.

San Diego County Sheriff's Department Sgt. Jorge Dueno said the investigation into what caused the crash is ongoing.

The driver of the Dodge Durango is distraught over the incident, Dueno said.

Both drivers told deputies they had the green light.

A surveillance camera run by the Metropolitan Transit System was not pointed at the area where the collision occurred, Dueno said.

Deputies have gathered witness statements and are looking for any other evidence that may point to what led the crash.

There was no evidence pointing to alcohol or distracted driving as playing a role in the crash, Dueno said, but investigators have not ruled either out.

An online fundraiser has been created for the family to pay funeral and medical expenses.


Mayor Faulconer Declares State of Emergency After Storms

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A series of recent storms in San Diego flooded neighborhoods, downed trees and poles and left behind potholes on city streets

On Friday, San Diego Mayor Kevin Faulconer declared a state of emergency for the city. 

Governor Jerry Brown declared a state of emergency for California but according to the Mayor's office, a local proclamation will help San Diego secure disaster assistance from the state.

“We estimate that close to $5 million may be recouped following the severe storms that pounded our City last month," said John Valencia, Executive Director for the City of San Diego Office of Homeland Security.

The San Diego City Council will meet on Tuesday, Feb. 7 to ratify the state of emergency.

Encinitas College Student Detained at LAX After Travel Ban

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Sara Yarjani was on the wrong flight at the wrong time.

The 35-year old is a student at California Institute for Human Science in Encinitas. She is also from Iran.

Last Friday, she was returning from a flight to Austria after visiting her family. She was in the air, bound for LAX, at the same time President Trump was signing an Executive Order that put a ban on entry from seven countries, including Iran.

Yarjani said even though she hasn’t been to Iran in 20-years, and is a permanent resident of Austria, she was detained and eventually forced back on the plane and deported.

One of her teachers in Encinitas expressed her dismay.

“It was completely unnecessary, disruptive, painful, traumatizing,” said Ji Hyang Padma.

Yarjani has a valid multiple entry student visa, and carries a 3.9 grade point average. She says she was detained at LAX for 23-hours. During that time, a stay was issued by a federal judge, but agents at the airport would not allow her to stay.

“The way it was carried out was certainly clumsy, very uncoordinated, causing unnecessary chaos,” said Padma.

Yarjani is now being represented by a lawyer with the ACLU. They have yet to comment on her specific case.



Photo Credit: NBC 7

Police Searching for Missing Girl in El Cajon

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The El Cajon Police Department (ECPD) is searching for a 12-year-old girl from El Cajon.

Andrea Valenzuela was last seen on Jan. 29 in Wells Park, police said.

El Cajon police have listed Valenzuela as a possible runaway, and are using search dogs to locate her. They are also working with Valenzuela's mother to find out where she could have gone.

Valenzuela has brown hair, brown eyes, is 5-foot-1 and weighs approximately 96 pounds.

Any information should be reported to the El Cajon Police Department at (619) 579-3311.

Is Identity Theft Insurance Worth It?

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Whether you’re shopping online or swiping your card at a store, hackers have lots of opportunities to steal your identity. In 2015 alone, $15 billion was stolen from 13.1 million Americans.

Some companies are looking to cash in on consumer anxiety, by offering identity theft insurance. For $25 to $50 a year, companies like Allstate, Liberty Mutual and State Farm, offer it as an add-on to your home or rental insurance. In most cases, they’ll reimburse you up to $25 thousand for covered losses.

That sounds pretty good but most banks and credit card companies already cover you for losses due to fraud. And most victims actually suffer little or no out of pocket losses.

So what does ID theft insurance actually get you?  Typically, coverage includes assistance in dealing with the aftermath of identity theft - which can be time consuming - Like covering out of pocket expenses - Or supplying a case manager to make calls on your behalf.

But this insurance isn’t designed to alert you to identity theft. That’s what identity protection services do.  It’s mostly for what happens after you’ve been compromised. Consumer Reports says taking matters into your own hands can be more effective and cheaper -- like freezing your credit report - and signing up for free online apps to monitor your checking and credit accounts daily. 



Photo Credit: Consumer Bob

How To Paint A Wall

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Painting is one of the most popular do-it-yourself projects and if you’ve ever painted a room, chances are you’ve made a mistake or two along the way. Consumer Reports’ paint expert says you can avoid common blunders with a few simple tips.

You can cut in with a brush like the pros but Consumer Reports says if you’re a novice the $3 edger is a good tool to try. To avoid drips, use the roller to apply paint instead of dipping the edger.

When it’s time to cover the walls the expert says remember the four S’s. You saturate the roller. Then you smear the paint on the wall, you spread it out and then finally you just smooth it over to get a nice finish. A common mistake is to not get enough paint on your roller. You should saturate the roller to the point where the paint’s almost dripping off. If you don’t do that you’re going have to put on a second coat.

Next, in a 2x2 section, smear the paint on the wall in an X, V or W pattern. After that you can spread the paint to cover the entire area. Then, you’ll want to smooth the roller from top to bottom. Continue until you’ve got all the wall covered.

And to save time and money use a paint and primer in one like this recommended Behr Premium Plus Ultra. You can find that recommended Behr paint at Home Depot for about $36 a can. If you’re a Lowes' shopper Valspar Reserve for about $44 a gallon performed very good in Consumer Reports tests. And remember, if you like a color from another brand you can match either of these recommendations to any color you like. All you need is a sample. 



Photo Credit: Consumer Bob
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