against the demo at one point they were a part of the movement, now the tents have come down and they are standing against the demonstrators. activists who are taking the fight to the protesters. no gym locker is safe. the thief police say has been hitting gyms across the state just to steal. where in the bay area he's already been. well, he knows what he needs and he has the means to get it, almost. the hospital rejecting a kidney transplant and why critics say it has lots to do with the politics. the bay area shares a part of the spotlight in the most talked about super bowl ad. meet the firefighters who didn't know that they would be helping clint eastwood. good evening, i'm dana king. >> i'm ken bastida. the occupy protester's clash with police and counterprotesters during a day- long demonstration in oakland.

half an hour into the rally, police in riot gear moved in. our cameras were rolling as police warned protesters to remove the sound system, then the officers wrestled it away that they were responding to complaints from nearby businesses. but the oakland occupy movement has law support from the inside. robert lyles reports that former occupiers have changed sides and they are now protesting the movement they once supported. >> reporter: violence and vandalism has eroded the face of the occupy's most faithful. >> i got arrested on monday morning. monday morning i got arrested. >> reporter: protesting for weeks in a tent, now she uses her body and soul to literally shut down occupiers. >> reporter: about 40 people now ban together, a stand for oakland, denouncing violence and supporting those once

vandalized. >> i'm representing the business people who are willing to create and build in our city, not destroy. >> that's right! >> reporter: but occupy oakland may have already exacted their polls. >> some days i don't have any business. i have no customers. >> reporter: fred brown, the owner here from the plaza says that first they had taken a toll on business. when things turned violent, customers started coming. >> if business continues to be like it is, how long do you think you'll be able to keep your doors open? >> well, i can't. >> reporter: tonight, brown found himself locking horns with an occupiers. >> i resent people coming in trying to destroy. i really do. i'm not one of those people. >> reporter: he too denounces violence, but was unwilling to engage mr. brown for that

matter and c be ps5. >> hi brings up a good -- he brings up a good question. don't put your hand on the camera. >> reporter: they have taken over the movement that is still peaceful. so i asked them this. >> why not convince the people that are watching it this that you are peaceful. >> okay. >> and do you think that you're ready for this? now other occupiers told cbs5 that any violent crashes were instigated by police, telling us that frustrated business owners have not abandonedded leases, but they told the chamber they are ready to go. as for stand for oakland, they say this is just the beginning that ken moore and the anti- occupy protesters are underway. >> it is interesting to know that you have that young man there with a lot of e-mails.

people are wondering if you believe in something that this is america, where we have free speech here. take the mascot and tell us what you want, okay? i'm glad that you did that. >> we give him credit for revealing who he is and also for his statement in which he says he is not violent. as clearly as we have been document by a number of days that it is affecting business here. >> yeah, no doubt it. if you live near or on the coast, batching down the hatches. heavy winds will coming. let's take a live look at the calm before the pending storms. roberta gonzales is keeping track for this. >> yes, a gayle warning is set for the coastal areas. as you take a look at doppler radar, this will be an impressive storm. remember that we have been lacking rainfall so the air mass is extremely dry. when you see all the lights showing up in green, that's the rain that is evaporating about

11,000 feet high up in the sky. the rain has started in the san jose area and it is pouring in gilroy. we have very gusty winds. wind advisories are in effect. the areas that will be hit the harder, dana and ken will have that later on in the newscast. police up and down the state are on the hunt for a man that is breaking into the gym lockers, including some right here in the bay area. and police say that there is a rash of gym locker break ins. walnut creek and downtown,down south in santa camera. they say this man, cuts the lucker sufficient and steals wallets. using the stolen credit cards at bay area businesses. no leads so far, but they are hoping that someone had recognize him and call police.

it's getting more dangerous by the hour in syria. so dangerous that the u.s.diplomats evacuated the country today. the the syrian investigators are not allowing reporters to get on inside to see the uproaring. >> reporter: the rebel forces here are preparing for the fight that they know is coming their way. they have no mill fair training. they claim to be in control of large parts of this city.

and all the people here are with you? >> yes. each one. along this road, fighters that will mock the syrian army. the regime forces left a gruesome message on this side of the road. they were saying that this man is a political activist that he was taken by eugene to jail, shot in the head. and he has now been dumped by the highway. >> reporter: at the local hospital, there's a constant injury for them and fatalities. victims that are government snipers. but still they had be gathering every night to find that there and deny it in any of the regime. and every night, gun battles erupt all around the city. >> and men had just added words that the regime forces have

surrounded that there and you could now hear it on the loud side, telling people to come together. the syrian liberation army set out to answer the call with the light weapons and the heavy hearts. they stood by their guard and their street corner. the brave defenders of their community was no match for the syrian army. the city is now relatively calm, but we have been hearing burst fires. now, while some neighborhoods might be under control, the entire city is still surrounded by the government forces. cbs news, syria. a group of major banks have reached the agreement with the white house to put cash back in the pockets of struggling homeowners. the power point and the leaders have said not quite yet. they will be explaninging why they say that the deal is not good enough. president obama has hoped that the settlement with leaving banks has been wrapped

up in time for his recent call for the homeowners. no more hidden fee or the conflict for interest. and no more getting the runaround when you call in the loan. >> and thought harrison, others gawked at the $25 billion nationwide settlement. calling it inadequate. in terms of our settlement, we have been supportive of the attorney general. >> reporter: reports of the deal have leaked out. amonothem, the call for a 22,000 markdown for the principal ofhomes under water. meaning they are worth a lot less than what they were bought and a 2-year-old payment to the hundreds of people that lost their homes to foreclosure. they need be to do more, not 23020,000 than when it was what you bought it.

the $2000 reduction in their house price is too little too late. >> reporter: she's not ready to give the bank a passable pass just yet. >> whether that attorney general sign is on or not, but by no means the end of the story. what is really needed is for the attorney general's office to continue to investigate where they can, the wrong doing. that's cbs5. they saw what turned out to be a building to stay apart. they collapsed on the sidewalk of the sidewalk at 13th and international. it happen around 6:00 in the morning where the store was killed, no no one there. the city engineer is expecting

that damage. construction for the new southern approach has hit a major road black. the project needs more cash. that will be done in weeks, but the second faze won't begin unless the transportation authorities could come up with another $60 million. the shortfall is being blamed on the extra expenses, lawsuits, and even the rain. right now no one knows where that money will come from. >> try to get that going. >> they have already offered to put up half the money, but they would like the transportation commission to come up with the difference. opening has been delayed now to 2015. classes were back in session today. and at the san francisco cool shut down because of the

stomach virus. a nasty virus some line. so many kids got so thick so fast. a michigan politician, offending asian americans across the country. the political ad that has people demanding an apology. well, patience, the donor, and insurance. why some say politics is now standing in the way of what would save the one little boy's life. even if it means being left it out there. gisele, the super model defends her quarterback husband. ♪

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""debbie spend so much american money. you borrow more and more from us. your ec weak. ours get ver a former candidate is not apologizing for a super bowl ad that critics are calling racist. >> she spent so much american money that you borrow more and more from us. your economy will be very weak. ours get very good. we'll take your jobs. thank you spend it now. >> and the ad is by formal the republican congressman. >> the ad debuted in michigan during the super bowl. thousands are joining in on the movement to form that kidney transplant. so far the hospital has refused to operate. and the fight comes down to the patience and the immigration status, but that will be what they have explained. not in the way that you might

think. >> reporter: he hopes that they will be healthy enough it wise his 3-year-old daughter. but time is running out from the welter weight champions. his sydneys are coming down. >> now, they might fell ill and it happened to me and that force, you know, they have not been worried about that. they will need the transplant for the long-term survivor and the wife watered to donate a kidney, but they will not dot -- do the transplant. >> yes. i was mad and sad identity the same time. >> i assume that they were just here to hen save lives. >> reporter: she is an undocumented immigrant from mexico, being in the u.s. for almost 15 years. although that they insist it is not the reason why for the rejections. is a significant part of it. they have performed france plants on the undocumented

individuals. undocumented individuals, they have no access to medicare and they may have limited access to med eight o'clock for critical long-term career. stanford emphasis, he is surprised by the medical center. p >> i county want to do that assessment. that would not be enough evidence to rule one out. >> if you have kidney failure, you are likely to die. cbs5. well, we're about 12 hours away on a ruling on prop 8. the san francisco federal appeal's court, they will decide by 10:00 a.m. whether or not california's gay marriage banned is constitutional. the court is reviewing a 2010

ruling. and they struck down prop 8. now, whenever the way the ruling goes, they will be appealed t. they were ruled if they stepped down from the case because he is gay and in a long- term relationship. >> all right. now, check on the status of the storm. this is such afros straighting -- this is such a straight forward progress of the game. a drain in your neck of the wood and the area of the light green in the north bay. you're telling me that is vergas. that will be before hitting the land mass. but all of you, i have been listening to you. that's where we are seeing plenty of rainfall for you right now. also on twitter and on facebook, telling me that you have the gusty winds that are

wrapping up now. we do have the wind advisory in most of effect for the pay area. there's your morning compute had. now, please give yourself ample apt of time tomorrow. leaving us with just the scattered showers afternoon. that's as they become that morning commute. over an inch here and nearly three quarters of an inch. certainly that had cause the pounding on the roadways as the big beautiful system will be moving through very rapidly.

extended it forecast, transition day on wednesday that leads us to nothing, but sunny skies, warmer temperatures on thursday, which is your pinpoint forecast. well, the reference companies are based in the midwest and they have some implying undertones of washington, d.c. but the park says that the half time nfl ads were shot right here in the bay area as we talked to the local feature in the most talk about commercial from the super bowl.

the two are teaming up for a service that hasn't been named yet. it will offer it seems like netflix has new competition. verizon and red box. they are teaming up for a service that has not been named yet. they will be offering streaming movies online and dvd rentals. anyone with a broad band connection will be able to use it and the service will be compatible with the foams, computers, tvs. and the video game consoles. the service is expected too be launched in the second half of this year. >> it's halfway. >> yeah. and both teams are in the locker room, discussing what

they could do to win this game, second half. >> this is the half time in america too. >> that's one of the most talked about ads during yesterday's super bowl. a whopping $2 million ad from chrysler, all about recovering that in detroit. a part of that land was shot here in the bay area. even features two local firefighters. we spoke to thereby -- to them hearing what it is like in the nothingal spotlight. >> reporter: for the fire police chief, it was not all that unusual when the film crew trail downing knock the at the door. >> they have a history -- history. a lot of interesting character fs.

>> we all rallies for what was wrong. >> reporter: yeah, that would have about to fite every tear and classes, i just thought it was a pretty neat thing. unbelievable. dip know that he was going to be in it. but the ads has quickly become a part of the political land cyst. some of them have suggested that the ads have been effectively endorsement from the bail oath and was unnuanced. but the white house says that will not be true. so he does not see the controversy. >> to me the message i saw last night was about america. they are trying to dig themselves up out of the hole. >> both men say that they are proud of their role. >> i was pleased to be able to represent the city, my fire department, and all firefighters across the united states. >> reporter: now, inside the no hoe mental anguish county, cbs5. >> i think i made his day.

>> who will be better, all time or shack or kobe bryant. numbers might prove it to you tonight. read the toast of the new york coming up next in the minute.

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paying with your smartphone instead of cash... (phone rings) that's a step forward. with chase quickpay, you can send money directly to anyone's checking account. i guess he's a kicker... again, again! oh, no you don't! take a step forward and chase what matters. december, local hero jeremy lin has found a home in new york. wayne well after being waived by the warriors in december, local hero, jeremy lynn has found a home in new york. wayne start the clock. that's right, the pal alto neighborhood made his first career tonight against the giants and in the live game, we had with it -- we had it there with 28 points, eight assists where they will be next to utah and that chance for the mvp at

the pan son care kyles. a great story. if many the meantime they will be scoring 28.s against the sixers. passing sha shack daddy with fifth on all list. they have less than seconds left from the career. raiders have hired stanford as their new defensive coordinator. ken season with the 49ers. things might have played out differently. but they would have made that catch. he certainly has the right to her been. but that is the super model.

>> yes. really shot it from on out there. >> that's how you would like to see the teams. >> right. ,,,,