good morning. i'm theresa garcia live in san francisco where some might say don't mess with the irs. we'll let you know what happened to some suspects when they came upon a very unlikely victim. that ahead. >> and a judge has struck down proposition 8 but same sex marriages aren't allowed to resume just yet. a new court battle will determine when those wedding bells could start ringing. >> after a day of failed negotiations, the city leaders say the firefighters union will allow members to decide how much is too much to give back. get back 48 firefighters that lost jobs to budget cuts. >> yesterday tied a couple record lows. the cloud cover even cooler this morning. mist and drizzle. how these cold temperatures will last through the weekend and whether we'll set anymore records. >> a new problem for bay bridge commuters. this is an injury accident off

the bridge into san francisco westbound 80 near 9th street. lanes are blocked. we'll have more details after this. >> 6:00 right now. i'm terry mcsweeney. >> i'm kristen sze. topping our news right now, san francisco police investigating the attempted robbery of a federal agent, a robbery that ended very badly for the suspect after the agent opened fire. abc 7's theresa garcia joins us live from the hunter point neighborhood to tell us the latest. >> good morning. the suspects who attempted this robbery likely didn't expect they would come up against a person, a victim carrying a gun who turned out to be a federal agents and who would open fire. six hours after the shooting investigators remain here at the crime scene looking at evidence. and the shooting did happen around midnight in a residential court at the hunters point neighborhood. san francisco police say the suspect approached an offduty irs agent on the 100 block of marlin court. the agent ended up shooting and

wounding one suspect in the torso. he ran off but was found and taken to the hospital and is expected to tur vive. police detained another man and are questioning him as another possible suspect. this morning investigators have been moving around the crime scene around a row of parked cars. they've been taking pictures and picking up shell casings. the only details the agency can actually share is that the victim involved works out of the oakland irs office and is aspecial agent in criminal investigations. the agent was off-duty at the time. it is unclear whether the victim lives here or was visiting someone here. live in san francisco, theresa garcia, abc 7 news. >> theresa, thanks very much. a temporary stay barring same sex couples from marrying will remain in place until at least tomorrow despite a federal judge's ruling yesterday that proposition 8, the ban on same sex marriage in california, is unconstitutional.

judge vaughan walker wrote proposition 8 does nothing more than enshrine in the california constitution the notion that opposite sex couples are superior to same sex couples. the day and lesbians hailed it as a landmark victory while the supporters called the ruling a bump in the road that would be overturned. >> that could be two or three years assuming this case goes all the way through the 9th circuit and supreme court which it appears to be on its way to doing. (cheering) >> judge walker who made the ruling is expected to decide tomorrow whether to lift a stay preventing same sex couples from marrying. meantime supporters will appeal to the 9th u.s. circuit court in san francisco and the case is headed to a much higher court. >> but tomorrow will feel different because tomorrow i will have a sense of security that i haven't been able to experience in the past. >> this is the second time they've spoken on marriage and this is just another example of

judges taking over and, you know, our democracy. >> the stay preventing same sex marriages, same sex marriage supporters packed castro street to celebrate the judge's decision. >> almost immediately arch the ruling came down, same sex couples began arriving at san francisco city hall hoping to get marriage licenses. they were told the judge's stay of his ruling meant no marriage licenses will be handed out to same sex couples until friday at the earliest. in san jose, santa clara county says her office was prepared to issue gender neutral licenses immediately. >> we already, stop already in case we have a lot of people coming to get licenses. >> both sides must submit written arguments by tomorrow. that's when judge walker is expected to decide whether to allow same sex couples to get married as the case is appealed. if you'd like to read judge

walker's ruling, we've posted the 138-page document on our website abc7news.com under "see it on tv." you also find more reaction to the ruling as well as viewers-submitted photos at the celebration at city hall. >> the brother of a san francisco giants player will face several charges from a series of crashes in danville. police say he went on a drunken rampage behind the wheel sunday morning. he hit a bicyclist, pedestrian, two cars and a light pole. the charges against hereholtz include drunk driving and three counts of hit and run. he's the brother of nate hereholtz. a man accused of assaulting a vietnamese pop singer with pepper spray has pleaded not guilty. seen in the youtube.com video, attacking the singer, attacking him at a concert last month. many in the vietnamese community regard the singer as a communist

agent and describes himself as a freedom fighter. >> this morning san jose leaders are asking the firefighters union to take the city's latest offers straight to their members for a vote. the two sides spent several hours yesterday morning to work out a deal that could reinstate 49 laid off firefighters. city leaders say that will happen only if firefighters agree to take a 9% cut in pay and benefits. the union has offered a 3.5% in cuts amounting to $4 million in savings but the city says that's not enough. >> we want to get these fire companies back open, these people back to work. because safety's everything for us. safety, safety, safety and not having firefighters on those engines to provide the safety and services to the community is just completely upside down. >> union leaders are accusing the city of not taking the union's offer of concessions seriously. the union says it will oppose the cost-cutting measure the city council put on the november ballot yesterday.

if approved by votes, it will place limits on future pay raises firefighters could receive. >> a colder than usual summer? you're 100% correct. >> the past four months it's been going on. >> continues today. check out temperatures. even cooler than yesterday. low to mid-50s everywhere except san jose at 57 degrees. 8 degrees cooler this morning in los gatos than yesterday. 1 to 3 across the board. fremont, half moon bay. you're exactly the same as 24 hours ago. the drizzle, it's more widespread this morning. so is the mist. the clouds are going to hang around even longer. 8:00 still mist and drizzle and temperatures in the 50s. most of the drizzle by noon will be along the coast and into san francisco with mid to upper 50s to oakland cloudy at noon. sunshine into the south bay, the north bay and also the east bay. that's why we have mid to upper 60s there. by 4:00 sunshine will dominate the east bay and south bay, mid to upper 70s. low 70s through the north bay

valleys. cloudy with drizzle possible along the coast into san francisco, mid to upper 50s and oakland still clouds and 61 degrees. accu-weather seven-day forecast. notice how it's going to stay this way every single day. we may not see some sunshine at the coast until late next week. we'll bounce between the mid to upper 50s there. upper 60s to low 70s around the bay and low 80s in our inland valleys. frances, a pretty good accident there. >> a big traffic jam developing in san francisco because of this accident. two motorcycles involved. injuries reported. that's traffic coming off the bay bridge just past 4th street approaching nine. the left lanes are locked. this is causing a big backup off the suspension span of the bay bridge heading to san francisco. this will have a domino effect at the toll plaza. right now no delays and no metering lights but you could imagine how bad this could get later on. you may want to consider bart as an alternate or possibly the san

mateo bridge if that's an option for you. there was a much earlier stall this morning but so far no trouble westbound heading towards the peninsula. terry, kristen. >> thank you so much. >> just ahead, sour grapes. >> plus frustrated fliers. a decision that has left hundreds of bay area travelers the kincaids live here. across the street, the padillas. ben and his family live here, too. ben's a re/max agent, and he's a big part of this community. there are lots of reasons why re/max agents average more sales than other agents. experience, certainly. but maybe it's also because they care about the markets they serve and the neighbors who rely on them. nobody sells more real estate than re/max. visit remax.com today.

you can see

welcome back. i'm frances dinglasan. take a look at this shot. it's a bad accident. if you're heading to work in san francisco, you could face big delays this morning. this is westbound 80, traffic approaching 4th street. it's heavy coming off the suspension span off the bridge into san francisco. the left lanes have been blocked and we'll check up on the backup in our next report. more news with kristen. >> thanks so much.

mexicanna airlines has stopped selling tickets and trying to deal with stranded passengers after declaring bankruptcy. it's cancelled flights over the past few days including those in san francisco. mexicanna is $800 million in debt. it says the last straw came when pilots and flight attendants rejected a cost cutting contract. the airline will refund or rebook passengers who purchased flights half been cash registered. >> the search to find out how much wine has been tainted by a cleaning agent. napa wine company which crushes 7,000 tons of grapes for 60 wineries is trying to determine how much wine in which labels have been affected. one of the wineries that uses the company is assuring the public that any contaminated wine will be dumped out. >> the san jose fire station that responded to last month's blaze at trace elementary school is going beyond the call of duty to help students there.

firefighters yesterday presented district officials with an american flag they found in the rubble of the burned building. they also handed over a $5,000 check to help resupply the school. arson investigators are still trying to find out who set the arson fire which cost $10 million damage. >> talking about the cooler temperatures and one of the up sides it reduces the fire danger. >> haven't had much to talk about in that respect. hopefully that will stay the same october to november but i think people like a little warmer weather. see what we can do. a tough sell. sun trying to peek over the mid and upper level clouds looking this morning at that cloud deck we're dealing with and the cooler conditions we talked about yesterday. they are here. low to mid-50s to 57 san jose. around the monterey bay we have clouds. low to mid-50s. even inland and drizzle and mist here also. the lack of sunshine that will

keep us cool today. we could have record cold temperatures this morning. and again this afternoon. really focusing on oakland for those to be set. cloudy and misty and drizzle develops again tonight. it may never even leave the coast this afternoon. it will remain cooler than average all the way through the weekend. so if you have outdoor plans, at least the temperatures won't be too taxing on you. watching the jet stream dive straight south from canada opening us to cooler conditions and a stronger sea breeze and a deeper marine layer. that's why the depth of those clouds makes it so much harder to get rid of them. that's why the lack of sunshine keeps our temperatures about 10 degrees below average. look at the wealth of 60s on the peninsula today. even mid-50s on the other side of the mountains along the coast. we won't break the 50 degree barrier downtown and south san francisco. upper 50s. we'll have low to mid-60s san

rafael, sausalito. a few upper 60s in that area. mid-50s at you're beaches in the north bay. low to mid-70s in your valleys. 80s clear lake. east bay shore, everybody look at this! 60 degree temperatures there and mid to upper 70s in the east bay valleys. we may hit 80 in brentwood. down arounds the monterey bay, look at this. monterey, carmel the upper 50s. santa cruz, watson vil, salinas. mid to upper 70s gilroy and morgan hill. those temperatures running 10 degrees below average. tonight cloud cover once again. coolest weather low 50s, the rest of us mid-50s. seven-day forecast, the fluctuation in the depth of the marine layer is going to give us different amount of sunshine. different amounts of sunshine. i'm sorry. need some coffee this morning. (laughter) >> we'll have -- that's why we have low 80s kind of bouncing around in our inland valleys with upper 60s to low 70s.

give me that, terry, and mid to upper 50s along the coast. i hope you have a great thursday. here's frances. >> we've been following this bad one in san francisco where it's tying up traffic for drivers coming off the bay bridge on to westbound 80. here the left lanes have been blocked by this accident involving a couple motorcycles. so there are injuries. it looks like there's less or fewer emergency crews here at the scene which tells me that they may be starting to open up some of the lanes. but right now traffic is heavy coming off the bay bridge into san francisco. we have another live shot for you. this time of the incline section. so definitely getting crowded here as you make your way towards treasure island. but so far no major delays. we'll show you the bay bridge toll plaza. you know how this will have a domino effect once the metering lights get turned on. things may get backed up this morning and then see big delays at the toll plaza later on. as an alternate you may want to

consider possibly bart. they're reporting no delays or the san mateo bridge. ace train number one getting into the south bay about six minutes late. if you want to take a. c. transit, look for a third week of delays due to that continuing labor problem. but cal train looking good as well as muni at this point. you can find out the latest on that san francisco accident and find out what's going on for your drive to work by going to abc7news.com and clicking on the bay area traffic link. kristen? >> frances, thanks so much. we want to show you a commute now that's creative but also too good to be true. it was uploaded to abc 7's you report. no, that was not me driving. (laughter) >> in real time! >> yes, indeed from richmond and back. this video was sent to us by min lee. if you have video you'd like to share, you can upload it or

e-mail it. >> and min lee, thank you for that. for a tribute to the king of pop to a shakespearean that will leave you laughing. >> tragedy with laughs. rick miller stars in the hit comedy. from cal shakes. >> the show must go on. >> join carol channing with steve rossi for a sit-down conversation. legendses of comedy. for ever land is the michael jackson band. a free concert tonight. >> get a little riled up. >> dan hoyle is riveting. the annual carnival stars is a

belly dancing spectacular and at the memorial auditorium. the art of big stars, 29 years of classic works in the award winning animation studio now showing in oakland museum of california. celebrating 20th anniversary helping young scholars. windham hotel. >> the new burlingame artfest offers one of the kinds arts, trendy jewelry and plenty to eat and drink. it's lively and for everyone. ♪ >> celebrating 25 years of the miss america pageant, a showcase of beauty, he will glance and culture. i'm don sanchez, abc 7 news. >> it's miss. >> wouldn't qualify on so many

levels, terry, but thanks. 6:20 our time. >> a new deal that could have smart phone users moving to the front of the line. >> was it something sinister? the gate crasher who now says she was threatened by day time erererererererererererererererer

have you tried honey bunches of oats yet? every spoonful is a little different. mmm. they got three kinds of flakes. this is delicious. it's the perfect combination of sweet and crispy. i love it. this is so good. this is great. the magic's in the mix. google and verizon are said to be working on an agreement that would give some of what we view and download online special priority. that is if the companies creating the contents are willing to pay extra. it would mean sites like youtube.com could pay more so people using the site would see faster results. the deal would fly in the face of a long-held principle of the internet that says no content is favored over the other. it could mean higher fees for everyone. >> conflicting accounts this

morning of what happened yesterday backstage between white house party crasher mick kale salahi and woopty. claimed whoopie touched her back and arm telling her to get back to the white house. salahi accused whoopie of having hit her. whoopie just defended herself verbally. "the view" airs every weekday at 10:00. >> still ahead at 6:30. will there be wedding bells? a new court battle that could determine if same sex partners can begin getting married now that the ban on same sex marriage has been ruled unconstitutional. >> days of delays as part of a worker protest even though it appears the workers got everything they wanted in court. >> a new cause for concern about the health of one of three bay area hikers in prison in iran. >> still very quiet at our major airports across the low 48.

no delays. severe weather possible in denver and memphis all the way up to boston. >> following a hot spot in san francisco affecting drivers coming off the bay bridge. traffic is jammed along the suspension span westbound 80 down past fifth street. trying to clear it from the left lanes but traffic has been backed up and causing at least a ten-minute delay. you may want to consider bart this morning. we'll keep an eye on the backup, possibly the san mateo as an

>> closed captioning brought to you by mancini sleepworld. ♪ it's 6:29 on this thursday. and the opening bell is about to ring on wall street to start the trading day. and we have a worse than expected jobs report. that's expected to sends stocks lower. the labor department report

shows initially claims rose unexpectedly last week indicating the jobs market remains weak. retailers reported only modest gains in july consumer spending. s latest live from the new york stock exchange in about 15 minutes. >> this morning a robbery suspect is in a san francisco hospital suffering from a gunshot wound. that's because the woman he's accused of trying to rob late last night was an offduty federal agent and she had a gun. theresa garcia joins us live at the bayview district where the investigation is continuing. >> sean robbery can turn dangerous and certainly threatening but this situation the suspects probably didn't expect they'd come upon a person carrying a gun who happened to be a female federal agent and opening fire when she was threatened. police are telling us the robbery attempt happened midnight in a residential court of the bayview district. the suspect approached an

off-duty irs agent on the 100 block of marlin court. that's when the situation turned threatening and the agent used her weapon. >> the agent was the victim of an attempted robbery. and the agent shot one of the suspects. the suspect was taken to the hospital for treatment, and injuries appear to be non-life threatening. >> police detained another man found at a house nearby and he's another possible suspect. this morning investigators have been moving around the crime scene near a row of parked cars. they took numerous pictures and picked up at least one bulleted shell casing. i spoke to someone from the irs who tells me the only details the agency can reveal is the agent works out of the oakland irs office, is a special agent for the criminal investigations unit but nothing more than that. sfpd is the agency that's saying the victim was off-duty at the time but not saying whether she lives in the area or was

visiting someone here. live in san francisco, theresa garcia, abc 7 news. >> theresa, thanks a lot. a temporary stay barring same sex couples from marrying will remain in place until at least tomorrow despite a federal judge's ruling yesterday that proposition 8, the ban on same sex marriage in california is unconstitutional. judge vaughan walker wrote in his 136-page decision the evidence shows proposition 8 does nothing more than enshrine in the california constitution the nation they are spear year to same sex couples. couples that first brought the suit hailed it as a landmark victory while prop 8 supporters calling r called the ruling a bump in the road that would be overturned. >> something our nation has always been about. we read about it in school. our ancestors came to this country in search of it. >> we built a very strong record during the trial and we're confident that on appeal judge

walker's decision will be reversed. >> judge walker who made the ruling is now expected to decide tomorrow whether to lift a stay preventing same sex couples from marrying. meanwhile prop 8 supporters will appeal to the 9th u.s. circuit court in san francisco. experts say the case is headed to a much higher court. >> whatever happens, this is going to the supreme court. and both sides have a real shot there. the court is fairly evenly divided between conservatives and liberals. >> despite the stay, preventing same sex marriages for now, same sex marriages supporters packed castro street in san francisco to celebrate the judge's decision. >> the candidates in california's races are reacting to the decision. jerry brown released a statement via twitter saying proposition 8 violates the equal protection guarantee of the 14th amendment of the united states constitution by taking away the

right of same sex couples to marry without sufficient governmental interest. meg whitman said i believe marriage should be between a man and a woman and added we have a forward-looking civil union law. u.s. senate candidates also split along party lines. barbara boxer applauded judge walker's ruling while carly fiorina said the voters spoke clearly when they approved prop 8. if you'd like to read judge walker's ruling we posted the document at abc7news.com under "see it on tv." you'll also find reaction to that ruling as well as viewer-submitted photos of the celebration at city hall. >> in the east bay a man will return to court today to enter a plea in the pitbull attack that killed his two-year-old step grandson. jacob died after three dogs attacked him insite the garage of his family's home in concord on july 22nd. steven faces two felony charges including child endangerment. an attorney will represent him today. he served as his own lawyer

during his initially court appearance. if convicted he could face up to six years in prison. sarah shore, the u.c. berkeley graduate locked away in an iranian prison has discovered a lump in her breast. that's according to her mother who just received a rare phone call from her daughter. she's appealing to the human rights panel to intervene with iranian authorities to move sarah out of solitary confinement. she's been there a year. they were arrested just over a year ago after accidentally crossing into iran while on a hiking trip in iraq. they have yet to be officially charged with a crime. >> oakland will have a new mayor next year. the race will be wide open now that ron dellum says he will not run for re-election. he's been a fixture for 35 years. he was elected back in 1967, served 27 years in congress and later became a lobbyist. critics say he's been absent and

inacceptable mayor. >> i'm happy to see he's not running. i don't think he's been, you know, much of a mayor to begin with. >> i believe i haven't seen anything he's done in the community to make me really want to reelect him or to encourage him to stay. >> he says he's not running for personal reasons and says he obtained millions in federal stimulus money for the city and helped settle the sanitation strike back in 2007. puts councilman jean qwan and don pa rat at that out in front for the race for mayor. >> it could be sunday before more than 150 drivers stop calling in sick and delaying the commute for thousands of riders. that's when the agency switches back to old rules and bus schedules. they ordered a. c. transit to reinstate the work rules it had before imposing a new contract on workers last month to save money. the agency claims 150 drivers

have been calling in sick every day for the last several weeks as part of what the agency calls a sick-out by the union. the union says management has exaggerated absentee figures. >> a dozen community he is courts will be available to accompany muni riders home from the bayview and visitation valley neighborhoods. they're high-crime areas. san francisco examiner reports safety teams in neon yellow vests armed with cellphones will be waiting for passengers getting off the muni station. the numbers will be released by police chief george gascon. it's funded through a program created from federal stimulus money. >> wearing the neon yellow vest probably good on a day like this with low visibility. >> that's true. >> yellow, what's going on? >> i love to see you two dressed for the weather like that. why don't you do that tomorrow. (laughter) >> dress for whether, it will be gray every day for the next two months.

>> trying to brighten it up. dray and cooler than average. 24 hour temperature change tells the story as if it wasn't cool enough yesterday. one degree cooler in san franciscos, 58. oakland dropped two more degrees it, san jose 3. redwood city and concord 7 and 8 degrees cooler than yesterday afternoon. notice the drizzle. more of it and hangs around through the 8:00 hour. temperatures don't move at all. still stuck in the 50s. by noon most of the drizzle back to the coast but cloudy around the bay. sunshine in the south bay, east bay and north bay valleys. that's why we're in the mid to upper 60s. 50s half moon bay, san francisco and oakland. by 4:00 seeing sunshine in the south and east bay. low 70s north bay valleys. cloudy oakland and 61. san francisco and half moon bay definitely cloudy. drizzle and mid to upper 50s. accu-weather seven-day forecast. looking toward the weekend and we see no changes. it's going to be cool through monday. we may start to see a little

warming trend tuesday, wednesday of next week. looks like possibly until next weekend we may get sunshining at the coast. hi, frances. >> earlier footage of this motorcycle crash we've been following in san francisco which was tying up traffic off the bay bridge. that's westbound 80 there. all the lanes are open since my last report. they just cleared it. let's take a look at the suspension san francisco of the bridge. this is a live shot. traffic is recovering fairly well. it was slow here and crowded but it's alreadies moving a lot better now than five minutes ago. let's check out the incline section as well heading in towards san francisco. you see brake lights towards treasure island and let's check out the bay bridge toll plaza. still no delays. this is our first big accident since the congestion pricing took effect in the morning. not seeing a toll plaza backup. i would normally expect a huge backup with an accident like this but so far it's not bad.

you may head to the san mateo bridge. traffic there fine. also check out the golden gate bridge for you. see those low clouds there but delay-free out of marin county into san francisco. in fact, it's also been quiet in the south bay. a live shot, the 101 and 880 interchange. still road work going on. the south 880 connector to southbound 101 there, scheduled to be closed until 7:00 this morning. terry, kristen. >> frances, great job. 6:40 right now. >> trading underway on wall street. a live report from the new york stock exchange straight ahead. here's a live look at the big board. the dow down about 41 points. >> when a coalition of california chefs is going after some of the biggest names in olive oil. >> the dirty diamond that brought a supermodel to a witness stand i i i i i i i i ii

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♪ welcome back.

we're coming up on 16 minutes shy of 7:00. notice the clouds along the coast and drizzle they bring from eureka to big sur. clouds creeping back into san diego at 69. the temperatures below average at l.a. in 78. hot in palm springs 104. a cool breeze we're dealing with even touches sacramento, 80 tahoe. sacramento 85. >> mike, thanks. it's 6:44. supermodel naomi campbell testified at a trial of charles taylor. she told the court she got dirty stones after dinner he attended but didn't say if they were rough diamonds or if she got them specifically from him. campbell's testimony comes after claims made by actress mia pharaoh that taylor gave the model an uncut diamonds after a dinner party hosted by mandela in 1997. prosecutors say they were blood

diamonds taylor got. the supermodel fought to the avoid testifying. >> the u.s. senate expected to confirm the nomination of elaina kagan to supreme court. five republicans have signalled their intention to vote for her. that would prevent conservatives from mounting a filibuster. one democrat says they expect to vote against her. she would be the fourth woman to become a supreme court justice and the first time three women served on the high court at the same time. . >> meg whitman says she's probably going to vote against proposition 23. she still backs a one-year moratorium on enforcing the measure. it would suspends enforcement of the law until unemployment drops to 5.5% or lower for an entire year. whitman's statement is an

enormous boost. >> the county town of fairfax bans the installation of smart meters. they question the accuracy of the remote control utility meters. despite pg&e's assurance they would stop installing until the public could be educated as to what they are and how they work. a second vote in september will determine if that ban becomes law. >> business news. a worse than expected jobs report is driving stocks lower this morning. >> a new security concern regarding the i-phone. bloomberg reporter jane king joins us with the "moneyscope" report. >> hi. good morning. the number of people filing for unemployment insurance in the latest week taking the biggest jump since april from the job market headline is that hiring is still stagnant. the retailers are reporting july sales numbers and some trading higher as a result, some under some pressure. kind of a mixed bag. san francisco-based gap.

that's one we're watching. trading a little higher. williams sonoma, keeping an eye on them as well. j.c. penneys under pressure. last minute for back to school shopping season. one reason why its earnings expectations are going to fall short. here's how the markets look overall. a bit lower. dow trading down 35 points and the s & p and nasdaq lower as well. the bloomberg silicon valley index actually up. a little flash with yesterday's numbers. down about 2 points at the moment. one thing going this morning, weak prices. this is the sexiest market in the world. up more than 8%. it's up 80% since june. there are a lot of supply concerns because of drought and also the wild fires. russia announcing it is banning exports on wheat and other grain until the ends of the year to

evaluate this drought and damage due to the prices. apple's newest i-phone has a security flaw. according to the german government, the flaw can be exploited by users who will install unwanted applications and then get personal information. they basically can have access and control of your i-phone making passwords, e-mails, phone calls, even use the camera. apple says the company is aware of the reports. they are investigating. smart phone's using google software will surpass the number of i-phones in use worldwide the next couple of years. the new york stock exchange, i'm jane king, bloomberg news. >> jane, thanks a lot. >> this morning b.p. will begin adding cements to a blown out well in the are gulf to reinforce the top kill mud so far holding back the oil. nearly two football fields long on top of that mud. the first relief well could be ready in two weeks. that will relief pressure object

the broken well and give b.p. the option of sealing the well from the bottom. government scientists say three-quarters of the oil spill has evaporated, dispersed or been captured from the water. >> 26% of the oil released would be the equivalent of about four exxon valdez's. there's still a lot of oil in the gulf. >> the government says 650 miles of the gulf coast shoreline have some kind of oil on it. 31,000 people are working to clean it up. >> do you know how bizarre questions pop into my head. >> yes, we do. you do, we do. >> i'm wondering if there are any cities in the bay area where the temperatures at this very second are no farther than say 10 degrees than what they'll be later in the day at the high? >> san francisco. >> all right. >> yeah. oakland. those are the two areas. anywhere along the coast.

those would be the areas. >> marin county. >> i was thinking more like mill valley. >> they never get a shout out. trying to give them a shout out. >> how's your weather. let us know. sends us a picture. we'll put you on. this is the reason why the areas we mentioned -- how do you spell olema? >> o-l-e-m-a. >> really? >> yeah. >> cooler this afternoon. won't move much from this morning. let's talk about temperatures around -- they are running in the low to mid-50s. in fact, getting close to record lows around oakland and possibly hayward this morning like yesterday morning. around the monterey bay, we have cloud cover and temperatures low to mid-50s also. more clouds today equals record cold temperatures. not only the morning but possibly the afternoon. again looking at oakland. cloudy and misty. those conditions, they develop tonight with drizzle and remains

cooler than average through the weekend. a look at the clouds, they are spreading throughout the bay area and thickening through 8:00 and we'll see a slow return to sunshine. noon we'll have clouds all around the bay and also along the coast. by about 2:00, those clouds will be mainly confined to the coast and also into say oakland to a lesser extent. let's start in the east bay valleys. everybody else mid to upper 70s. temperatures cooler than average. 60s east bay shore. oakland would tie a record cold high temperature. low to mid-70s throughout the south bay with 60s dominating the peninsula and mid-50s along the coast. upper 50s downtown and south san francisco and up to the north bay beaches. we'll have 60 degree weather sausalito, san rafael, vallejo. low to mid-70ss north bay valleys. low to mid-60s monterey bay with monterey and carmel the upper 50s. mid to upper 70s gilroy and morgan hill.

low to mid-50s once again. going to take over tonight. and that will springboard us to cool temperatures again tomorrow. we'll stay in the mid-50s just about every day along the coast. near 70 arounds the bay and near 80 inlands. looks like frances has a new cashing. >> just wanted to let you know a new one reported and several vehicles involved, five cars. highway 92 in and out of half moon bay bay up by skyline memorial. look out for that. this could possibly tie up traffic. we've been watching the bay bridge for you this morning because of an earlier injury accident. traffic was jammed on the incline, starting to move a little better but that's because they turned the metering lights on. check out the backup. not bad considering we had an injury accident blocking lanes for about half an hour almost towards west grand but only for the fas trak lanes. cash lanes backed up halfway through the parking lot. this is where that accidents i was talking about is highway 92 and highway 35. look out for that one but

elsewhere in the peninsula, green traffic so moving well on 280 and 101. in san francisco there's a stalled muni bus southbound 280 at 1501 that's blocking a lane. san lorenzo, if you're heading to work, a water main break closed. you'll see the normal slowing there southbound 880 approaching 92 and a little westbound 92 at the san mateo bridge. get the latest going to our website abc7news.com. it's under the bay area traffic link. kristen? >> frances, thanks. a free shuttle in downtown oakland is set to begin service. the broadway shuttle will provide free bus service weekdays at grand avenue. the goal is bring more people and business to the downtown area. the green shuttle buses will run at chinatown and city hall and bart stations. the service is paid for by clean air grants, various downtown

property owners and oakland redevelopment fund. >> local soccer fans have a lot of things to talk about after a rare international matchup at candlestick park. last night's celebrations began in the parking lot and continued inside the stadium as real madrid went up against club america from mexico. the match marks the club america, one of the most popular teams in mexico and enjoys a strong following. real madrid won the match on a late goal. >> a group of california chefs is suing ten major olive oil distributors. the suit claims they mislabel ordinary olive oils as extra virgin so they can charge more for them. it's based on a u.c. davis study that found 31% of domestic and imported oils meet international standards for extra virg

virgin -- labels. >> recapping our top stories, san francisco police investigating a shooting involving an offduty federal officer. she opened fire after she said someone tried to rob her. >> theresa garcia live with more. >> that robbery attempt and shooting happened around midnight in a residential court here in the bayview district. those suspects likely did not expect they were coming up against a person carrying a gun who happened to be a female federal agent and who would open fire at them. the suspects approached an irs agent at her car on the 100 block of marlin court. when they tried robbing her, the agent fired her weapon. she shot one suspect in the torso. he was taken to the hospital for treatment and is expected to survive. police detained another man and are questioning him. investigators have been moving arounds the crime scene near a

row of parked cars. they took pictures and picked up one bullet shell casing. the victim works out of the oakland irs office and is aspecial agent in criminal investigations. sfpd confirms the agent was off-duty at the time. they're not saying whether she lives here in the area. live in san francisco, theresa garcia, abc 7 news. >> theresa, thanks. >> one last check on weather. here's mike. >> cold weather once again in many areas. the clouds pretty stubborn. temperatures mid to upper 50s along the coast. low 60s richmond and mid to upper 50s the rest of the bay into san rafael. only the mid to upper 70s in the east by valleys. cloud cover thickest along the coast where we could have drizzle for the better part of today. tonight temperatures low to mid-50s. record lows once again and we will see this repeat all the way through the ends of the forecast. we may warm slightly tuesday and wednesday but the real warming

could be as late as next weekend. frances? >> all right, mike. quick check of the bridge toll plaza. considering we have that injury accident off the bridge, this is not say bad backup at all. halfway through the parking lot it shows you the effect of that congestion pricing. there is an injury accident and this is going to affect drivers out of half moon bay. eastbound 92 approaching highway 35. after five vehicles involved, they are sending an ambulance so traffic is going to back up as you make your way through the area. also just got in a new accident on west burrow boulevard. this many is chp en route. this looks like an overturn injury crash as well. elsewhere you'll find the normal commute. not too bad elsewhere. >> staying on top of it, frances! that does it for us. update at 7:22. >> instant! very impressive. join us for the midday news at 11:00. you can stay with us

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