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Rangel v. PLS Check Cashers of California, Inc.

(United States Ninth Circuit) - Affirmed the dismissal, on res judicata grounds, of a proposed wage-and-hour class action. While the plaintiff conceded that she was subject to a state class-action settlement that released all claims arising from the same set of allegations upon which her Fair Labor Standards Act lawsuit was based, she nonetheless contended that her FLSA action should be allowed to proceed. Agreeing with the trial court, the Ninth Circuit held that res judicata applied.




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Southern California Gas Leak Cases

(Supreme Court of California) - Held that businesses may not recover compensation for purely economic losses suffered from mere proximity to an industrial accident (a massive, months-long leak from a natural gas storage facility). Negligence law did not provide them a remedy for income lost because of the leak, in this case where they alleged no property damage or personal injury.



  • Oil and Gas Law
  • Injury & Tort Law

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City and County of San Francisco v. Regents of the University of California

(Supreme Court of California) - Held that it is constitutional for San Francisco to impose a tax on drivers who park their cars in paid parking lots, even when the parking lot is operated by a state university.




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California Threatens To Revoke Licenses Of Reopened Yuba, Sutter County Businesses

By Bob Moffitt

Dozens of people lined up to enter the Yuba Sutter Mall Wednesday morning. The mall is open again as the Yuba Sutter Marketplace, and under the authority of the local bi-county health department. 

Most of the biggest chains like Sears and JC Penney’s are closed. But locally-owned stores like Diya were open and realistic about the possibility of a rapid uptick in traffic.

“Our business usually, this is like wedding attire and stuff,” said store owner Gurjot Johl. The store advertises as purveyors of high-end Indian clothing.

“Since the churches and everything is closed, no weddings are going on. It’s gonna be a minute til everything opens up,” Johl said.

The store had been open for all of two days when the state order to close came down a month and a half ago.  

It’s reopened in defiance of California Gov. Gavin Newsom’s orders as Yuba and Sutter counties attempt to strengthen some rules while relaxing others. Still, many residents and businesses are following the new order with caution as the counties reopen sooner than the rest of the state.

The Yuba Sutter Mall in Yuba CityBob Moffitt / CapRadio

The order released last week from the Yuba and Sutter county health officer allows some businesses that had been classified as non-essential to re-open, with a face covering now being mandatory in any areas where employees or customers cannot maintain six feet of separation.

The order gives local approval for massage therapists and hair and nail salons to reopen. It also allows restaurants to offer dine-in service.  

For the first time, California’s case numbers decreased last week, although it was still the third-worst week of the pandemic. Some areas, like Tulare and Mariposa, have seen significant increases.

Newsom says Yuba and Sutter counties jumped the gun.

“They’re putting their public at risk. They’re putting our progress at risk. We’ve been clear about that. Well aware of those examples. These are exceptions. These are real exceptions. The overwhelming majority of Californians are playing by the rules, doing the right thing,” he said Tuesday.

Chuck Smith is a spokesman for the bi-county office of emergency services and says it’s not the counties' intent to go up against the state, but more masks and social distancing will minimize the health risks of reopening nonessential businesses. 

“It’s important that the business community and the people who are patronizing the businesses and people who are out follow the order as much as possible so we can go on to even the next phase of opening the community.”

Yuba-Sutter Health Officer Dr. Phuong Luu has said she was worried people would reach the point where they have to choose between medicine or food. Smith says it appears that time is now.

Under the new bi-county rules, people must wear masks in public when social distancing of six feet is unavailable. Under state rules, the mall is not essential and should still be closed.

Natasha Shelton is the mall’s general manager and says the local stores will be the primary option for at least a couple of days as national chains decide what they’re going to do.

“They’ve all taken a different approach. Some are saying that they’re waiting for the governor to lift the shelter in place order," Shelton said. "Others are saying that they want to see how the other retailers have done. Some are waiting for anchors to open.”

Footlocker and Zumiez will open Friday.

A massage space, barbershop and nail salon are all open despite warnings from their state licensing boards to remain closed. Shelton says the mall will follow bi-county health officer's orders to stay open, with mandatory social distancing or masks when that’s not possible.

The Nail Tech nail salon in Yuba CityBob Moffitt / CapRadio

Luu sent businesses throughout both counties a letter warning them to do better with wearing masks and social distancing. Otherwise they risk returning to stricter measures.

“I understand that some of your customers may strongly object to a facial covering requirement,” she wrote. “But the long-term safety of our community is at stake.”

 

Almost every store employee at the mall wore a mask, but many shoppers did not. On the first day of the mall’s reopening, Thomas Lozano and adult members of his family were there and all wore some type of face covering. The covering did not hide his disgust at what he saw.

“I was disappointed with the fact that not many customers wore masks. I thought that they would take more responsibility,” Lozano said.

While some residents were ready to return to the mall, others like Yuba City resident Susie Cauchi were shocked by the idea.

“I just finished cancer treatments,” she said. “I have to be extremely careful about contact with people.” 

Interviewed through a meeting app, she says she has no plans to eat out much less go to the mall. Besides recovering from the cancer treatments, she has an auto-immune disorder. She says there are just too many ways to make contact. 

“I don’t see how workers in a restaurant can socially distance, servers, even patrons," Cauchi said. "How do you eat with a face mask? You don’t. But also in salons you can’t. You have to be physically touching someone to be cutting their hair or performing services on their nails.”

The counties and state orders are in agreement that older people and those with weakened immune systems should stay home and that people should wear facial coverings when in public places. The state so far has only made face coverings a recommendation.

There are a few businesses that have remained open, or tried, in spite of the county orders and the state orders that are still in place. In Marysville, the Uppercut Barbershop never closed. A barber who rents a space there goes by the name Charlie Hustle. He says he will continue to cut hair despite receiving a phone call from the state telling him to stop and despite the risk.

“I am sensitive to the issue of everything going on. I know there’s a lot of people at risk. There’s a lot of people dying who shouldn’t be dying,” he said. ”But I feel like the way the media is portraying this. They’re instilling fear in a lot of people. Fear’s controlling a lot of what’s going on.”

The Uppercuts Barbershop in Yuba CityBob Moffitt / CapRadio

Uppercuts Barbershop is also open in the mall, and founder Randy Mitchell‘s daughter Maria Mitchell was cutting hair, just like the stores in Marysville, Wheatland and Rocklin have been throughout the shutdown. She was not wearing a mask.

“None of us have really worn masks,” she said. ”If they have Home Depot, Walmart and everything open, I think cutting hair is totally fine.”

Lisa Ringleberg of Olivehurst was getting her hair cut and agreed. She says neither she nor her five children wear masks in public, but they do stay away from people they don’t know. 

“I’m perfectly healthy. We were just at the doctor’s not too long ago. My daughter sees Shriners. So we’re pretty much cleared. I’ve known (Maria’s) dad since junior high,” she said.

The state and county orders say everyone should socially distance from anyone who is not living in the same home, and that roughly 20 percent of people spreading the virus don’t know they have it.

It is still the only business to be cited for failing to comply with the bi-county health order.

While the Uppercut has stayed open against orders, nail and hair salons have remained closed. Amy Myers rents a space at the Broken Bristle Salon and Spa in Yuba City. She says she has received notice from the State Board of Barbering and Cosmetology that there would be punishment if she were to resume practice. She agrees with Newsom’s stance, for some parts of the state.

“To an extent, there are places that shouldn't be opening that are, but honestly, how long are we going to sit in our house with maybe one confirmed case every two weeks,” Myers said. “It doesn’t make sense to just stay at home.”

She believes masks, social distancing and gloves can be used to keep customers and employees from possibly infecting each other. 

“Absolutely,” she said. “We wear gloves anyways except for maybe giving haircuts but that wouldn’t be an issue wearing gloves. The way I feel about it is we have more contact in Walmart than we do with a single person in our chair at the salon.” 

She receives unemployment insurance payments from the state, but says it’s not enough to feed her family.

“We’re ready to get back to work.” she said.

The massage therapist at Price Chiropractic in Yuba City has begun providing services on a limited basis. She did not respond to a request for comment. 

On the other side of Gray Avenue, Healing Massage Wellness is open, but only to sell hand sanitizer and other products made by local businesses. Nancy Vong is the owner. She says the state orders have been tough on her and her customers.

Healing Massage Wellness owner Nancy Van prepares a table inside her business, which has been closed since mid March. She says her only source of income is selling products made by local businesses.Bob Moffitt/CapRadio

“It makes me emotional because I see a lot [of] people that have mental [health issues] ... that are lonely, that are elderly, that need that connection, that human touch. Some of my clients haven’t been doing so well,” Vong said. 

She says she will be willing to give massages wearing gloves and a facial covering when the state says it’s OK, but she’s not willing to risk her license even with the bi-county order.

The California Department of Consumer Affairs said it could not make any of its six public information staffers available for an interview, but it did release a statement that says in part, “While we cannot discuss specific licensees, businesses that continue to put public health and safety at risk by not complying with the shelter in place order may be subject to disciplinary action from BBC [the state Board of Barbering and Cosmetology], if circumstances warrant it.”

Restaurant owners have had to lay off people and deliver or offer takeout or curbside pickup. That changes now under the counties’ order, but the tables by the door at Rico’s Pizza on Garden Highway in Yuba City are still stacked on top of each other and the chairs are piled high in a corner. 

Sara Saylors owns the place. Even though restaurants have lost 80-90 percent of their income and sit-down meals are now allowed, she’s not ready to unstack those chairs.

“We have a bathroom and people have to walk by all these tables. People are gonna be sitting here eating. People have to refill their drinks over here and there’s tables right here,” Saylors said. “Just trying to play it safe.”

Saylors wears a mask. Her brother Kenny says he usually does, but was not as he headed out the door with a delivery. 

At Salsa’s Fresh Mexican Food, Krystien Farias is the owner and greeter. 

“I’m being safe about it, washing my hands. I got sanitizer here. I have labels all over and I’m having social distancing,” she said.

Every other table has a sign that says “Please do not sit here.”

But she doesn’t wear a mask. “I feel very safe with the numbers (of new cases)” she said. “I’m gonna take that chance.”

The kitchen staff doesn’t wear a mask either, though Farias says they’re supposed to.The waitress does.

Customers Mark Indjer and Jay Anderson work together and were having lunch, but felt somewhat uneasy doing so. They’re both 59. Their masks rested on the table next to their meals.

Both discussed the governor’s response to the Yuba-Sutter area’s attempts to open their economies. 

“I don’t think there is a perfect answer. This is a test of sorts,” Injer said. “ No one truly knows what’s gonna happen.”

“The jury’s out. This is a pandemic It’s no joke. So we are still in the unknown area,” Anderson said. “Get back to me in November, OK? Right now, I’m being as careful as I can.”

At the Happy Viking bar and restaurant, the bar is still closed to alcohol sales inside and will stay that way if the owners want to keep their liquor license. 

The California Alcohol Beverage Control did a sweep of bars in Yuba and Sutter counties to remind them that consumption on site was prohibited. ABC says no businesses were cited.

Happy Viking Co-owner Sandy Drown told two men they could have their drinks served to them outside in to-go containers, but they couldn’t drink at the bar.

“I just wanted to let you know before you come in,” she said. The men first suggested they drink their beers in their trucks during their meals, then decided to try another bar.

Sandy and her husband Chris say they’re happy to have their dining room open, even if they must limit the number of open tables.They have taken precautions a step further.

“All employees (in the) front of house and back of house are wearing gloves and masks and properly changing their gloves,” Chris Drown said. “And we are sanitizing and sterilizing every surface as much as we can as often as possible.”

As for the county order for people to wear masks when they couldn’t be more than six feet from each other? 

“Our Sutter County sheriff told us not to police other people wearing masks,” Sandee Drown said. “We have a protocol as to what is proper. Hopefully everybody’s doing the same as we’re doing. We want to make sure we’re protecting our staff and our customers on our end.”

Of the restaurant’s 47 employees, 39 haven’t worked for a month and a half. Drown noted that Dr. Luu is an expert in infectious diseases and should be trusted to make local decisions.




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California Outlines Rules For Counties To Loosen Restrictions, Some Businesses To Reopen

By Nicole Nixon

Update 6:25 p.m.

As California prepares to enter the first phase of its economic reopening, the state released new guidelines Thursday, both for businesses wanting to expand operations and for counties looking to loosen restrictions on residents.

Moving into phase two “does not mean a return to normal,” said California Health & Human Services Secretary Dr. Mark Ghaly. “We know that COVID-19 is still spreading.” 

Beginning Friday, some businesses in the retail, manufacturing and logistics sectors will be allowed to reopen, though retail stores can only provide curbside services.

Businesses have to meet a checklist before reopening. It includes:  

  • Performing a detailed risk assessment and implement a site-specific protection plan
  • Training employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them
  • Implementing individual control measures and screenings
  • Implementing disinfecting protocols
  • Implementing physical distancing guidelines

Businesses will have to meet certain industry guidelines for COVID-19 safety as well. The guidelines instruct manufacturers to limit person-to-person contact during production by installing shelving or other “transfer-aiding materials,” for example.  

Retailers are encouraged to prioritize product delivery and pickup. They are also instructed to cut in-store maximum occupancy numbers by half.  

Still, some businesses are still being expressly prohibited from reopening during phase two, including bars, gyms, nail salons, movie theaters and theme parks.

Gov. Gavin Newsom said there’s a reason nail salons are not included in phase two: “This whole thing started in the state of California — the first community spread —  in a nail salon,” he said.

The infection happened despite sanitation measures normally seen in nail salons, including alcohol-based products and nail technicians wearing masks and gloves. 

“I’m very worried about that,” Newsom said. 

How counties can get approval to reopen

While some counties have pressured the governor to allow them to reopen their local economies more broadly, others — including Yuba, Sutter and Modoc counties — didn’t wait for permission. 

Counties and their local health officers are now being given latitude to allow some other sectors to reopen, including malls, car washes, pet grooming, offices and dine-in restaurants — if they meet strict criteria. 

It includes additional surge capacity in local hospitals, the ability to conduct a minimum 15 tests per 100,000 residents daily and going 14 days without a COVID-19 death in the county, among other things.

It could be a long time before more populous counties get there. Dr Peter Beilenson, director of health services in Sacramento County, said the county meets all criteria except for that and having enough contact tracers (15 tracers per 100,000 county residents). 

“We expect to have the appropriate amount of contact tracing staff within the next two weeks,” Beilenson said in a statement to CapRadio. “In the meantime, we encourage everyone to continue following the safe social distancing and other guidelines provided in the Public Health Order.”

Counties that do meet the criteria must consult with the California Department of Public Health and submit their own local reopening plans to the state. Those plans must include what sectors and public spaces the county will allow to reopen, and a contingency plan for modifying local health orders if the disease begins to spread. 

Last month, Newsom unveiled six key indicators that will help him decide when to move the state into each new phase of reopening. They include the state’s testing capacity, hospitalization rates and ability for businesses and public spaces to implement health measures like sanitation and social distancing, among other things. 

The governor noted that he may tighten the statewide stay-at-home order again if the disease begins spreading as restrictions loosen. 




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Can California’s Air Remain Clean Post Pandemic? Yes, If The State Amps Up Its Climate Goals, Studies Say.

By Ezra David Romero

Air quality across California has visibly improved with fewer drivers on the road because of stay-at-home orders. But when the orders are lifted pollution will likely return to pre-pandemic levels.

Some scientists say we don’t have to go back to having such poor air quality in the state, but they recognize it will take a total mindset change for Californians. The number of miles driven in the state has dropped by around 75% since stay-at-home orders went into place and has resulted in a significant reduction in greenhouse gas emissions, said UC Davis Road Ecology Center director Fraser Shilling.

“We're learning new things about our driving behavior … can we both mitigate the harm from COVID-19 and also mitigate the harm that we cause by burning fuel and causing climate change?” Sterling questioned after analyzing data from Streelight.com. 

Nationally he reports there was a reduction of around 74 billion miles traveled in the U.S. from early March to mid-April. That resulted in a greenhouse gas emissions reduction of 4% nationally for 2020 and by 13% from transportation in about eight weeks. 

If this continues, Shilling says, the reduction of miles traveled could drastically impact our climate goals for the better, including putting the nation on track to meet its annual greenhouse gas reduction goals under the Paris Climate Accord.

He says it’s an interesting position for the federal government to be in where the lack of driving allows the U.S. to meet the goals of the “Paris Climate Accord, and on the other hand, inadvertently exceed the goals ... It's a cool green lining.”

California has a 2050 goal of reducing greenhouse gas emissions by 80% from 1990 levels. Shilling says if traffic remained at stay-at-home levels for a year, the drop in miles traveled would allow the state to meet half of its climate target by 2050.  

The rest of the reductions would come from all sectors of the economy including transitions to bioenergy, offshore wind power, and increased energy storage. A 2019 study highlighted by Stanford University from the group Energy Futures Initiative says meeting the 2050 goals will be “extremely challenging.”

“It's painful to drive less and have less economic activity,” Shilling said. “But when we drive less, and when we work at home, we can start to meet these climate change goals. They're not so far out of the way, out of bounds that we can't achieve them.”

But Shilling says there are negative aspects, depending on how you look at it, including potentially $370 million less state fuel tax revenue.

“The upside for drivers — like I filled my tank a month and a half ago — is we're not spending as much on fuel,” Shilling said. “The less fuel that's sold, the less fuel tax revenue … that money is not available for transportation projects.”

Could California keep its cleaner air?

Researchers at UCLA are taking this idea further. A study came out this week saying that California has all the policies and technology to stop all human-caused emissions by 2050. 

“We think there is a room for California to achieve that goal ahead of the game,” said Yifang Zhu, one of the authors of the peer-reviewed study published in the journal Nature Sustainability

The authors call for increased energy efficiency across all sectors and reducing emissions from energy creation as the core ways to reach the sped up goal. That would mean a “systematic change” in how Californians consume energy and “more stringent” policies.

“We're talking about 85% electrification rate in the residential and commercial sectors, which we’re not even close to [today],” Zhu said. 

Achieving carbon neutrality is part of the United Nations Intergovernmental Panel on Climate Change’s mission to limit the rise in global temperature to 3.6 degrees Fahrenheit above pre-industrial levels by 2100. 

Zhu says, “nothing in our model in the roadmap is something unrealistic” even at a half a century ahead of the global goal. Doing so would mean fast tracking the state’s existing goals and their models show that by 2050 the savings from curbing emissions will exceed the cost by around $109 billion.

“We need to do more than what we're doing today,” Zhu said. “I want to highlight the cost is actually only 50% compared to the monetary benefits and also want to communicate the urgency for California agencies for stakeholders and policymakers to really act.”

Zhu says, even though the study started before the pandemic began, there’s a lesson to be learned from the COVID-19 crisis. 

“It is cheaper and safer to prevent people from catching and spreading this Coronavirus, then to treat huge numbers of severe cases,” Zhu said. “Similarly [with] climate change it is much better to cut down greenhouse gas emissions to prevent global temperature rise than to figure out how to deal with the potential future catastrophic consequences.”

The authors also note the state’s most disadvantage would benefit. According to the study, the state’s top 25% most polluted census tracts would get 35% of the health benefits of improved air quality. It could also, the study says, have a health effect of 14,000 fewer deaths from air pollution related illnesses every year, it could reduce asthma attacks in 1 million children and decrease cardiovascular hospital admissions by 4,500.

“Reducing greenhouse gas emissions in our state will not only slow down global climate change, but more importantly, will improve the air quality and protect people’s health in our local community,” said co-author Bin Zhao, a former UCLA researcher who is now an earth scientist at Pacific Northwest National Laboratory. 




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Anti-Vaccine Groups Take Lead Role In California Stay-At-Home Order Protests

By Sammy Caiola

Where jobs and the economy were at front of mind during last Friday's protest at California’s Capitol, Thursday’s demonstration against the stay-at-home order also focused on closed churches and government-mandated vaccinations.

The microphone passed from person-to-person, who each attempted to encourage the few hundred within earshot. One woman said she was honored to be standing shoulder-to-shoulder with those in attendance. The next person to speak took the microphone and said a prayer.

People who oppose mandatory childhood vaccinations have been a driving force in recent protests against California’s stay-at-home orders. Many who are passionate about the issue say they haven’t vaccinated their children yet. 

“I don’t vaccinate my children because I’ve done research on it and from experiences,” said Yvette Apfel of Modesto. “A lot of the people who don’t vaccinate because of experiences and that is not taken into account when they give their account of what’s happened.” 

Generally, concerns about childhood vaccines stem from the debunked belief that vaccines can cause autism or otherwise injure children. 

Democratic state Senator Dr. Richard Pan, who has authored several of California’s major childhood vaccine laws, said the messaging at these COVID-19 protests parallels what he’s seen from vaccination opponents in the past.

“We call them the anti-vaccine movement because they came out to oppose vaccination,” he said. “There’s no vaccine for COVID-19, but they’re also opposing essentially every public health measure we have that will allow us to resume our activities safely. So they’re opposed to the stay-at-home orders.”

At a hearing of the state’s Special Committee On Pandemic Emergency Response Wednesday, some people spoke up against public health measures such as contact tracing and testing.

He says he’s heard them preach the concept of “natural immunity,” which comes with a dangerous implication that everyone should acquire COVID-19.

“We often talk about ‘community immunity’ in relation to vaccination, because vaccines are safe,” he said. “So getting a vaccine doesn’t cause people to get hospitalized and die in the process of achieving it. If you try to achieve it through ‘natural immunity,’ you are talking about a lot of suffering and death.”

This is not the first time California’s been an epicenter of the anti-vaccination movement during the past few years.  

In 2015, California became one of the first states to eliminate “personal belief” vaccine exemptions for students attending public and private schools. These were previously allowed for families that opposed vaccination on religious, moral or other grounds. Under Senate Bill 277, only children with a medical exemption form signed by a doctor can opt out of mandatory vaccines.

As the bill moved through the Legislature, large crowds of vaccination opponents descended on the Capitol for rallies and public hearings. Pan received violent threats from people who feel the government should not have the authority to require vaccines for kids.

In 2019, Pan’s office raised the alarm about doctors who were reportedly writing false medical forms for children who did not meet the federal criteria for an exemption. After the personal belief ban took effect in 2016, the rate of kindergartners with medical exemptions quadrupled, according to the California Department of Public Health. 

Pan authored Senate Bill 276 to give the state final say on medical exemption forms. Hundreds of opponents packed into the halls of the Capitol to protest. Several weeks later, an opponent shoved Dr. Pan

California Gov. Gavin Newsom ultimately signed the bill, with some changes. It takes effect January 2021.

Now, vaccination opponents seem to be mobilizing again, not around childhood immunizations but around the idea that the government can require people to vaccinate themselves.

On social media, some Californians have said they will not get vaccinated for COVID-19 when that immunization eventually becomes available. They’ve expressed concerns about the safety of vaccines developed during a crisis response. Some at the protest Thursday said they were worried the vaccine would be used as a tracking device.

“I think it’s more to the whole government issue about the vaccine being a tracer,” said Mary Paris, an unemployed nail salon worker from the Bay Area who drove to Sacramento for the protest. “Whoever gets it, then we’re gonna separate you. So I really think this go-around I’m not gonna do it.”

PolitiFact investigated the claims about government tracking in vaccines in April and found them to be false. They also looked into claims some about the Bill Gates Foundation related to vaccines and tracing and found them to be false, saying "There’s no evidence that implanted microchips are being contemplated in a serious way to fight the coronavirus."

A look by Reuters at the claims about “tracing” and Bill Gates found the technology being referred to is not a microchip or implant that would allow an entity to track your whereabouts. Instead it is a die that would provide patient vaccine records for doctors and nurses in places without  medical records. 




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All Californians Will Get Mail-In Ballots For November Election

By Drew Sandsor

Updated 4:45 p.m.

For the first time, every eligible voter in California will get a mail-in ballot, Gov. Gavin Newsom announced Friday during his daily coronavirus briefing. 

Newsom signed the executive order Friday, saying it was a matter of voter safety.

"Not to feel like they have to go into a concentrated, dense environment where their health may be at risk, we'll provide an additional asset, an additional resource, by way of voting by mail," Newsom said.

Newsom said there will be physical voting sites as well with safety measures put in place to protect against the spread of COVID-19. Newsom's executive order is solely for the November general election.

Voting by mail has been steadily increasing. During California's March statewide primary, a record 72 percent of the ballots cast were mail-in.

Newsom held his daily briefing at a Sacramento florist shop that reopened Friday under the state's next phase of economic recovery. It allows non-essential retailers to offer curbside service.

In his remarks, Newsom said the 14.7% national unemployment rate doesn't represent the true number of those out of work. The jobless figure released Friday is the highest since the Great Depression. He said that 4.3 million people have applied for unemployment in California alone since mid-March, and that's on top of those who were already out of work.

"When you add 4.3 million people to a workforce that's north of 18 million … do the math," he said. "We're not at 14.7%. The state of California is north of 20% right now."

While President Trump has continually praised Newsom's handling of the pandemic he criticized the governor Friday. Trump said he thinks the state can move a little quicker on reopening and that people may force the issue. 




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California Warns Reopening Counties To Follow Governor’s COVID-19 Orders Or Risk Loss Of Disaster Funding

By Bob Moffitt

California’s Office of Emergency Services has given notice to three counties that the state will withhold disaster funding if they continue to defy Gov. Gavin Newsom’s orders to stem the spread of the coronavirus.

Newsom said Thursday that Yuba, Sutter and Modoc counties have “gotten ahead of themselves” by allowing some businesses to reopen in violation of his orders in response to the COVID-19 pandemic. The comments came as the state announced criteria for counties to move into Stage 2 of its plan to allow some businesses to reopen.

On the same day he made the comments, Newsom’s Office of Emergency Services threatened the counties by promising to withhold disaster funds if they continue to stray from the state’s plan. 

If a county believes “...there is no emergency, such that it can ignore the Governor’s Executive Orders or the State Public Health Officer’s directives, the county would not be able to demonstrate that it was extraordinarily and disproportionately impacted by COVID-19,” wrote Cal OES Director Mark Ghilarducci.

He went on to say the counties may not be eligible for reimbursement if they have a surge in COVID-19 cases.

Yuba and Sutter counties had been at 50 cases for several days, but now report 52 positive results. Modoc County has no confirmed cases of COVID-19 following 104 tests.

Yuba County spokesman Russ Brown confirmed it has received a letter. 

“As always we will do what is in the best interests of the health of the community and will continue to work with the governor’s representatives to achieve a balance with his orders as we move to the next phase of reopening California’s economy,” Brown said.




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California Teen Killed By Drunk Driver Leaves Legacy In Worship Song

“I AM,” Recorded By 15 Year-old Lily Kelly Just Months Before Her Untimely Passing, Is Available Now At All Major Digital Outlets, Including ITunes, Google Play And Spotify.




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CapChat: Round Up Of Presidential Candidates In Nevada; California As The 'State Of Resistance'

Democratic presidential candidates Massachusetts U.S. Sen. Elizabeth Warren and Former Vice President Joe Biden held dueling rallies in Reno and Carson City Wednesday night. California U.S. Sen. Kamala Harris is due in Nevada today.

In a conversation yesterday with CapRadio’s Capitol Bureau Chief Ben Adler, host Beth Ruyak talked about recent changes in California poll rankings of the top candidates: Warren, Biden, Harris and U.S. Sen. Bernie Sanders.  These trends are mirrored in national poll trends, with Warren surging and Harris falling behind.

In the “State of Resistance” currently known as California, Gov. Gavin Newsom and Attorney General Xavier Becerra are keeping up the pressure, filing lawsuits against the Trump administration. With the end of the legislative session, Ben and Beth also talked about stylistic differences between Newsom and former Gov. Jerry Brown. Newsom is focused in many areas at the same time, including the battle with the federal government. Brown was focused on a smaller number of concurrent issues.

And, finally, we discuss the state of the Republican party in California.




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The Week In California Politics: Gavin Newsom, PG&E, The CPUC And The Gig Economy

In this edition of CapChat, we’ll round up the last week’s fire news, the role Gov. Gavin Newsom has played as citizens’ advocate for those affected by successive power shut-offs, while repeatedly publicly blasting PG&E for lack of investment and not managing vegetation to prevent wildfires. Newsom has also said part of the problem has been a “cozy relationship” between the California Public Utilities Commission and PG&E. In addition, Newsom has suggested if the CPUC doesn’t do what he wants it to do with respect to PG&E, he’d try to remove commissioners. 

CapRadio’s Capitol Bureau Chief Ben Adler will talk about the history of the PUC and why commissioners have fixed terms of six years. He’ll also talk about the controversy around AB5 and the effort to put a measure on the 2020 ballot about the gig economy and more on how the November 2020 Ballot is shaping up.

Clarification: CPUC Commissioners serve a 6-year fixed term. Though they are appointed by the governor and must be confirmed by the Senate within one year of their nomination, they cannot be fired. A CPUC Chair/President is also appointed by the governor, and can be removed from that role by the Governor. That person, however, can stay with the PUC as a Commissioner for the remainder of their 6-year term.




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Impeachment Inquiry Update & California Democratic State Endorsement Convention Preview

Members of California’s Congressional delegation are center stage at the House Intelligence Committee impeachment inquiry hearings on Capitol Hill. The chair of the committee is LA area Democratic Rep. Adam Schiff. The ranking Republican member of the same committee is Fresno Rep. Devin Nunes. Other Californians are Democrats: Bay Area Rep. Jackie Speier and East Bay Rep. Eric Swalwell. McClatchy DC reporter Kate Irby joins Insight. She follows the California Congressional delegation. 

California’s State Endorsement Convention is this weekend in Long Beach. One of the surprises is that candidates Massachusetts Sen. Elizabeth Warren and Former Vice President Joe Biden will not attend. What does this mean? 

On Saturday, Nov. 16, the California Democratic Party in conjunction with Univision will host a televised 2019 Presidential Forum from 4 to 6 pm PST. Confirmed candidates are New Jersey Sen. Cory Booker, South Bend Indiana Mayor Pete Buttigieg, Former Health and Human Services Secretary Julián Castro, California Sen. Kamala Harris, Minnesota Sen. Amy Klobuchar, Vermont Sen. Bernie Sanders, investor Tom Steyer, and entrepreneur Andrew Yang. CapRadio’s Capitol Bureau Chief Ben Adler provides a preview to this weekend’s convention.

 




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California Rep. Doris Matsui / Sacramento COVID-19 Recovery / Poet Amanda Harrinauth And Finding Joy

California Rep. Doris Matsui discusses what did and didn’t work in COVID-19 relief packages. The Greater Sacramento Economic Council on the region’s potential for recovery, and poet Amanda Harrinauth on finding joy in every day.




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Caligula's Horse Release New Song 'Valkyrie'

Caligula's Horse have released an art video for their new single 'Valkyrie'.




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California Teen Killed By Drunk Driver Leaves Legacy In Worship Song

“I AM,” Recorded By 15 Year-old Lily Kelly Just Months Before Her Untimely Passing, Is Available Now At All Major Digital Outlets, Including ITunes, Google Play And Spotify.




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O’Rourke v. Northern California Electrical

(United States Ninth Circuit) - Affirmed. The panel affirmed the district court’s grant of summary judgment in an ERISA action challenging the denial of plaintiff’s request for early retirement benefits, holding that any procedural irregularities in the actions of the board were minor.





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California Authorities Continue To Fight A Fire



Residents have received many donations.




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Sanshou Fighters To Compete In California

Five Bermuda members of the Bermuda Sanshou Association will compete in the 3rd Pan American Kung Fu Championships in San Jose, California from July 12th – 14th. Bermuda Team Garon Wilkinson – Northern Open Hand Form, Flexible Weapon, 2-man Fighting Set Kaelin Cox – Southern Open Hand Form, Long Weapon, 2-man Fighting Set Talia Iris […]

(Click to read the full article)




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Shiona Turini Attends CDGA Awards In California

Bermudian style influencer and fashion expert Shiona Turini attended the 22nd Costume Designers Guild Awards [CDGA] yesterday [Jan 28] in Beverly Hills, California, where she was nominated in the ‘Excellence in Contemporary Film’ category. Ms. Turini was nominated for her work on ‘Queen & Slim’ alongside Arjun Bhasin, Mitchell Travers, Jenny Eagan, and Ellen Mirojnick, […]

(Click to read the full article)




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Assorted Calibers Podcast Ep 093: We’re Sick of the Beer Flu

Hello Internet! In This Episode: Erin and Weer’d talk (briefly!) about the COVID-19 cancellations, but more extensively about Florida Gubernatorial candidate Andrew Gillum and his, shall we say, interesting night in a South Beach Hotel; the Other Staffers are dealing … Continue reading




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Assorted Calibers Podcast Ep 094: Sure Would Be Nice To Have A Gun Now, Wouldn’t It?

Hello Internet! In This Episode: Erin and Weer’d talk about the ammo and gun shortage in reaction to COVID-19, as well as an innovative strategy for keeping people working and happy; David tells us how to swage your own bullets; … Continue reading




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Assorted Calibers Podcast Ep 095: The Madness Abounds

Hello Internet! In This Episode: Erin and Weer’d talk about a defensive gun use that stopped a potential mass shooting, then discuss the assorted nuttery happening in relationship to the COVID-19 quarantine; Loveball returns to the show to talk about what … Continue reading




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Assorted Calibers Podcast Ep 096: Weer’d Won’t Play Magic With Erin

Hello Internet! In This Episode: Erin and Weer’d talk about some of the latest restrictions due to the COVID-19 lockdown, and then discuss how it’s affected the latest Magic: the Gathering expansion; David talks about some of the challenges you … Continue reading




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Assorted Calibers Podcast Ep 097: Someday this Quarantine is Gonna End…

Hello Internet! In This Episode: Erin and Weer’d discuss the increasing desperation of anti-gunners as they react to mass firearm purchases by Americans of all walks of life; Weer’d fisks a stand-up routine by Steve Hofstetter; David tells us how … Continue reading




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Assorted Calibers Podcast Ep 098: Erin Takes the Reigns

Hello Internet! In This Episode: It’s a “Nothing But Weer’d Beard Segments” show, so Erin takes over in order to have some time on-air! Erin and Weer’d discuss certain states relaxing their quarantine, Dick’s Sporting Goods feeling the consequences of … Continue reading




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Assorted Calibers Podcast Ep 099: Parts, Project Pluto, Paloma Capanna

Hello Internet! In This Episode: Erin and Weer’d discuss the recent spree killing in Canada, and the conspicuous lack of information on it; David talks about gun parts that are great to have around; Weer’d interviews Logan Metesh of High … Continue reading




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Calico and Straw




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California’s privacy warriors are back – and this time they want to take their fight all the way to the ballot box

Politicos watered down earlier efforts, so data defenders will fight to the end

The small group of policy wonks that forced California’s legislature to rush through privacy legislation two years ago are back – and this time they want a ballot.…




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Finding a Beached Whale: Pt. Reyes, California

One morning at the tidepools and chance upon the largest creature on earth.




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IBM Aims to Help Alleviate Water Shortages in Northern California’s Wine Country



  • Energy & Utilities

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Daredevil 'Mad Mike' Hughes dies in crash of his homemade rocket in California

"Mad Mike" Hughes, a self-styled explorer and daredevil bent on proving that the earth is flat was killed over the weekend when his homemade rocket crashed in the California desert over the weekend.




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California: Latest updates on coronavirus

California has reported 472 confirmed cases of COVID-19 and 11 deaths as of Monday evening (March 16).




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Cool, California ranch house in San Francisco is a sustainable gem

San Francisco-based firm Malcolm Davis Architecture has managed to combine the cool vibe of Cali design with the energy-saving principles of sustainable living. Their latest design is a modern ranch home that was built using reclaimed materials and boasts several active and passive strategies that reduce the home's environmental impact.[...]




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California: Latest updates on coronavirus

California has reported 472 confirmed cases of COVID-19 and 11 deaths as of Monday evening (March 16).




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Microbes linked to cancer in threatened California foxes, report Princeton researchers

A team of Princeton researchers led by Bridgett vonHoldt found that microbes are linked to cancer in a threatened species: the Santa Catalina foxes, found only on one island off the California coast.




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La EPA y CBP actúan para proteger al público contra el producto “Virus Shut Out” no registrado importado a California

LOS ÁNGELES – Hoy, la Agencia de Protección Ambiental (EPA, por sus siglas en inglés) y la Oficina de Comercio Internacional de Aduanas y Protección Fronteriza (CBP) de los EE. UU.




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EPA Selects Nine Projects in California to Receive Nearly $4 Million for Revitalization of Contaminated Properties

SAN FRANCISCO - Today, the U.S. Environmental Protection Agency (EPA) announced nine projects across California will receive a total of nearly $4 million to assess and clean up contaminated properties under the agency’s Brownfields Program.




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EPA’s Pacific Southwest Region Transfers N-95 Masks to California Office of Emergency Services

SAN FRANCISCO -- Today, the U.S.




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20204 Huntington Beach California USA

Huntington Beach California USA Huntington Beach




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JOHNNY'S JOURNEYS CALIFORNIA and NEVADA 1980

JOHNNY'S JOURNEYS CALIFORNIA and NEVADA 1980 November 26 1980 Wednesday My dad has temporarily transferred to Oakland California. The Bell South Telephone Co. inMontgomery AL will pay for him to fly back home every three weeks. Or




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42020 Seal Beach California USA

Seal Beach California 927NOW PLAYING WATCH LATER




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20204 Sunset Beach California USA

Sunset Beach 106NOW PLAYING WATCH LATERADD TO QUE




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Baja California Baja California Sur Mexico

Feb 14 2020 Mar 07 2020We left home just after lunch on Friday February 14 2020. Our truck with our 35 square foot casa on the back is packed with the essentials we will require and then some for the next 75 or so days. First stop is Calgary w




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20204 Long Beach California USA

Long Beach California 411NOW PLAYING WATCH LATER




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SEE IT: Red tide by day showers shoreline in mystical light by night off Southern California

Californians venturing onto the beach after a month of lockdown are being greeted with the ethereal sight of bioluminescent waves from an algae bloom.




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California to get $247 million refund after protective mask delivery delayed

California is slated to be refunded the $247 million it paid to a Chinese car company under a massive $1 billion deal for face masks, which were not federally certified by the agreed upon deadline.




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California to mail ballots to all voters because of coronavirus

Surprisingly, they didn’t do it years ago due to traffic.




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California holds 73% of the nation’s priciest ZIP codes for home buyers

According to a new report from real estate database PropertyShark, California has accounted for roughly 73% of the country’s priciest ZIP codes for home buyers this year.