and women, safe. and he called the "n" word insensitive. now his own party e attack. what . and he called the n word insensitive, now his own party is on attack. and the calm before the storm, we're about to get hit by the rain, it is falling steadily but softly across the bay area. it wouldn't stay that way for long. roberta is in the weather center, what is happening. >> so far we picked up three 10th of an inch of rain, and we'll fire up the doppler radar, you can see that we're now beginning to see the end of the first system as it slices from the north to the south. you see a pocket of heavier rain in between san jose and morgan hill. that is shown by the shade of yellow, and look at the 586

corridor, it has been wet all day, but is dry now, but as ken said, it is the calm before the storm number two, the timing and amount of rain you should expect still happening later on in the news cast. all right thank you roberta. and a huge tax battle could deal a devastating blow to a budding industry. and a huge mortgage dispensary just lost round one. they're looking at the legal issues of what pot providers can and cannot do. >> reporter: the health center is celebrating its five year anniversary tonight, but nothing in the cans is strong enough to change the mood after this bill. >> the irs has given us a tax bill of 2.5 million. >> reporter: what is going on? the irs launched an audit under a specialized tax code, called 280 east. the code was intended to stop the wholesale drug dealers from

legally putting out the drugs. >> the irs claims we are a drug trafficking organization. >> reporter: but they are licensed and pay taxes in the city of oakland. in fact, they are in the top 10 of the taxpayers. >> i am holding a check which represents 360,000. >> reporter: they say that harbor side's directors, you will recall they want to expand the dispensaries hoping to capitalize on the increased local sales tax. but how likely is that if the standard deductions? >> for rent, payroll, health insurance. >> reporter: are now denied, because the pot is still federal one, or illegal. >> we'll be taxed out of existence. >> reporter: but the feds are not denying everything. >> this is the crazy part of it. the irs allows us to deduct the money we pay to purchase the

pot itself, but wouldn't allow us to deduct for payroll. >> reporter: they say they are fighting back. >> we'll now move to the courtroom. >> reporter: and here is just some of harbor side's legal challenges that they pay taxes, worker's compensation, and even lab test the marijuana, also those who possess the marijuana are legally entitled to have it at least through the state. now harbor side may be the first to be federally audited. but we're learning tonight that other dispensaries be expected to be audited. none are saying tonight who they are. so it leads to a real question, will the state and the city enter into this legal challenge with all the tax dollars on the line. >> boy, this is an interesting twist. robert liles, thank you. and it will soon be easier for battered women to get long- term restraining orders. the governor has signed a law allowing domestic violence victims to get the restraining

order the moment the suspects are arrested. there are two types of protective orders, one excluding any contact at all. and the other that spells out peaceful contact like dropping off and picking up children. >> if they thought it was retraumaizing the client -- this process makes it so much easier because the judge signs it and right away it can be enforced. >> reporter: the new law was passed by the state legislature unanimously this summer, signed by governor brown in august. it will go into effect january one. and the governor could decide any day now whether to ban the sale of shark fins used to make a traditional chinese soup. that debate has divided the community, pitting some traditionalists against the environmentalists, but others say it is growing. >> reporter: the sharp fins

sell as much as six a pound. the shark fins can bring a thousand a pounds, used for important events. it is called shark fin soup. >> you can use every part, you have to throw away the fin, so it really doesn't make sense to us. >> reporter: carl chan is organizing a protest to push the government to veto the bill. they are looking at it as hurting chinese american. >> if you want to bend the shark, you bend the whole shark, not only part of it, against one particular community. >> reporter: but the argument about the soup may be softening. >> there is a study done that surveyed california voters. and 70% of the chinese-american voters that were surveyed were in strong support of this bill. >> reporter: hong kong is the world importer of it. a few years back, hong kong

city's oldest banned it. and this year, the organization concerned with the vulnerable species found that residents of hong kong were willing to omit it at weddings, the world admits it is in decline. >> i grew up eating it. i didn't know what a pain it water, once people find out what it is, where it comes from and what the problems with it are and the devastating elements, people can't help but be in favor of a ban. >> reporter: the governor has not yet made up his mind about the legislation but will decide between now and sunday whether to sign or veto the bill. in oakland's china town, don knapp, cbs 5. and still no clues on who killed a man from chile at an intersection of emerson.

adolfo celedon had been killed, and despite the offer of a reward there were no suspects. now the family planted a tree in celedon's honor. >> the tree is a thing that is living and will live. and hopefully it will fill the dark spot inside of ourselves. >> the family says the case is not lost and that investigators just need some extra information. and two people dead, a third is recovering after a stabbing and shooting involving san francisco police. it happened around 7:15 this morning inside a home on the 600 block in the richmond district. officers say they found a married couple who had been stabbed several times, allegedly by their son. police say that while the officers were helping the couple, the suspect approached, holding two knives. they opened fire. the suspect and his mother later died at the hospital. and they do appear to all

be related to each other. it is clear that this guy has serious intent to hurt the people in the house as well as the officers when they tried to -- save these victims. >> the only survivor of the attack was the father, dennis woo, woo is former president of an immigrant assistance group in china town. and for the first time in the bay area an officer- involved shooting has been recorded by the police. they say that the camera recorded an officer shooting and killing a suspect last sunday, happening on cherry street near 99th avenue. police say during a struggle, an armed man threatened the officer. so the officer opened fire. it is not yet clear if the video will be released to the public. and ruptured gas pipeline led to evacuations in downtown venecia this afternoon. the workers were digging a trench on east k street when

they struck the pipe. a five-square block area had to be evacuated while pg&e worked to fix the leak. the line was later capped at about 2:30 this afternoon, the evacuation orders lifted about 20 minutes later. and san francisco's lowell high school evacuated for almost two hours this morning when gas was also smelled on the campus. it was first reported about 10:15. the administrators began to evacuate the students soon after. pg&e investigated but didn't find any sign of a gas leak. students were allowed to return to class just before 12:15 this afternoon. he called it insensitive, republican candidate herman cain objects to the use of the n word used by his opponent, rick perry. others are weighing in. and some have hard words for

herman cain. >> reporter: facing questions about the n word, rick perry said his father painted over the word. but others insisted they put it there when perry went hunting, herman cain was blunt. >> the name of the place was called head, and since governor perry has been going there for years to hunt, i think it shows a lack ofty. >> reporter: but today it was not rick perry but cain who grew up in the south, taking heat from conservatives. cain, who has gotten the attention of supporters with his straight talk, said he made his point. >> all i said was the mere fact that that word was there was insensitive, i am not attacking governor rick perry. >> reporter: the story comes as he is trying to get his campaign back on track, and

just when votersing asking who was rick perry. cbs news, washington. and coming up, people say they want the economy to improve. but are they willing to pony up a little cash to make it happen? starbucks is looking at that happening. and accused and convicted of murder overseas, now she and her family are coming home. why amanda knox is a free woman. and the body guard said it. the paramedics said it. today the doctors said it. what michael jackson's doctor did not say the day the "king of pop" died ,,,, i am a face unclogger.

i am a nose coach. i am a throat untickler. i am a human cough suppressant. and i am the sniffles worst nightmare. i am a target pharmacist. ask me about cold and flu remedies. laptop, at a coffeeshop. now

one coffee company is doing so . many successful businesses get started with a laptop at a coffee shop. and now one coffee company is doing something to help, there is a loan program that asks customers to help out by giving back. >> reporter: starbucks and work mix pretty well for these business people. but what about for all the other people out of work. starbucks says let coffee jolt the job market, starting next month they will have every customer for a five dollar donation, millions could be raised to be used to provide loans to small businesses to create jobs across the country. >> i think it is very clever. i think people are really eager to jump start the country. >> reporter: this business person says it is part of the opportunity finance network, which starbucks says will get

100% of the money raised. >> people in washington are not allowing the government to do what it needs to do, stimulate the company. >> this is a paulk deal i received. >> reporter: opportunity fund gave this woman financing, and today her hair salon provides jobs for 10 stylists. >> we call it seed money but it is a stepping stone for dreams and vision. >> reporter: for the five dollars, starbucks gives you the red, white and blue bracelet. but one starbucks customer calls it impossible for him. >> as a mostly broke college student, i couldn't afford it. >> reporter: others say five shouldn't be a upon for people. >> five should be okay, you know buying an extra coffee. which is fine, to help. >> reporter: starbucks is providing 5 million of its own money to help get the program started, which begins november

one. in san jose, cbs 5. it is not weird that it is raining today, what is weird is a week ago it was 100 degrees at my house, and now it is raining. >> extremes, right? >> yeah, yeah, this autumn has already been very hot and very rainy. i mean stop and think about it. when is the last time we had this precipitation before sleet week? we'll have that forecast coming up. but right now let's look at the doppler radar, we can see most activity now is less, across the bay area, the city of san francisco is absolutely dry at this time. and looks like we are drying out in the east bay, as well. let's look to the south, san jose, in between san jose and morgan hill. so far we have seen less than a 10th of an inch of rain in the san jose area. let's look at what you can expect tonight in and around the bay area as far as the computer models are concerned. this rain is moving out of the

area, and we're passing a more powerful system to move in. that will occur as early as this time tomorrow night. so the bottom line, showers will be less, temperatures in the 50s. tomorrow, mostly cloudy sky photo openers. and then partial clearing do during the day, temperature- wise you see that right there, watch during the afternoon. everybody is under the gun. that is pretty heavy rainfall. with the winds gusting up to 20- 25 miles per hour. during the evening commute we begin to see those showers become less. but the bottom line is, these are the totals so far today. as we begin to tally up the next approaching system watch your wednesday. here comes the rain and look how quickly the numbers go upward, and nearly a half in the santa rosa area, a full inch in the pacifica area, and rain during the evening hours beginning in the north bay,

sliding to the south, temperature-wise, 72-74 degrees for an outside number, the rain drying out by late night thursday, showers, lots of sunshine for friday, through fleet week on sunday. that is kind of hard to believe that columbus day is on monday, at this particular time, temperatures where they should be for this time of year. >> all right thank you. and the relief was evident today after an italian appeals court over turned the conviction of american amanda knox. in 2009, amanda knox had been sentenced to 26 years for the murder of her british roommate, meredith kercher. but an expert report this past summer questioned some of the forensic evidence the italian prosecutors initially presented. both the amanda knox and meredith kercher families reacted to the reversal in the courtroom. >> we're thankful that amanda's nightmare is over. we suffered for four years, she

suffered for a crime she didn't commit. >> everything she went through, the fear and the terror of not knowing why, and she didn't deserve is that. >> amanda knox and her family are heading back home to seattle. and two doctors who treated michael jackson the day he died say his personal physician never mentioned the powerful drug that killed him. dr. conrad murray is could said accused of giving the "king of pop" the drug, propofol. but the people who testified said that murray only gave him the anti-anxious drug, atavan. >> i asked whether there were other drugs or sedatives behinds the atavan that were given. >> and what if anything did dr. conrad murray say in response

to the questions about the other narcotics or sedatives? >> nothing. >> reporter: the attorneys said that jackson gave himself the propofol when murray left the room. and when it is time to kiss the relationship good-bye, a lot of people are choosing to go out in style. we'll take a look at how its done as we take you into the world of divorce parties

out. b . well, when it comes to planning a wedding, a lot of brides and grooms go all out. but what happens when it doesn't work out? we learned the new trend among the newly divorced. >> reporter: throwing an extravagant party to celebrate marriage with family and friends pretty common. but what if the couple don't make it until death do us part? >> i think they are awesome, it is the first one that i have been to. she is having a ball. >> reporter: while some may find it a little odd, a lot of people are embracing the growing trend of divorce party,

like this recent person divorced, andy hill of los angeles. >> we love each other but just can't live together. my take on it. >> reporter: this is home video of her throwing a big bash to mark the end of her marriage. los angeles divorce party planner christina gallagher is who people call when they want to go out with a celebration. >> i do think people need ceremonies, events to mark the beginning or end, the marriage is the beginning, that is like a huge event. why not have an event at the end to mark the closure of the marriage? >> reporter: so gallagher and her team of experts come together to create a party that is important for the divorced. >> what we do is we try to tie the theme with what happened to the marriage or the break-up. it is a desert island theme, food, coconut, shrimp,

pineperhaples. >> reporter: and of course what is a party without a cake? >> we're making a gorgeous cake with them on top. but i would think maybe blood dripping out of his head. >> reporter: while some say that the divorce parties are wrong, gallagher thinks it is just the opposite. >> this is my divorce party, it is kind of sad, but we have to embrace the journey into being single. >> reporter: and now for the newly single ms. hill? it is time to move on. >> it is a party. >> and 49ers beat the eagles. now come the bucs, and can the tigers take control over their series against the yankees? coming up next [ lisping ] i lost my front tooth the other day,

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and dental plans. at bank of america, we're lending and investing in the people and communities who call the bay area home. from funding that helped a local entrepreneur start a business... to providing grants to a nonprofit which offers job training and placement... and supporting an organization working to help the environment. because the more we do in the bay area, the more we help make opportunity possible.

. well, listening to roberta and thanks to the weather in new york, the match-up between the tigers and a's justin verlander, it was put on hold until tonight, game three. wayne, start the clock, i know you hate to, you're a yankees fan. out pitched by verlander, struck out 11 in eight, brett gardner slapping a 100 miles per hour pitch, they come right back in the bottom of the 7th. hammered, soriano offering it in the bleachers, it gave detroit the lead, new york is on the edge of elimination. rays and rangers, the playoff game, gone. two-run homer gives texas a lead in the 7th. they hold on, lead that series,

2-1, colts avoiding going 0 and 4, with quarterback painter, on the fantasy team, the colts are 17-10, the lead in the third. scoring 13 unanswered points, 35 yards scored, 24-17, tampa wins, they improve to 3 and 1, they are coming to play the 49ers on sunday. now the niners coming off a two- game road trip, both victories, both teams are 3 and 1, the 49ers lead the nfc west by two games. the showdown. >> good game. >> what will the weather be like? >> bright sunshine, 70-degrees. >> perfect. >> we'll see you tonight i'm a curious seeker.

i am a chemistry aficionado. diphenhydramine. magnesium hydroxide. atheletes foot. yes. i'm a people pleaser. if elected, i promise flu shots for all.