113%. the hp board says his conduct did not violate sexual harassment policy but standard business conduct were rile violated. there are numerous expense reports to cover up a relationship with that is now accusing him of sexual harass many. he says he quote realized there are instances in which he did not live toupt standards and principals of respect and trust and integrity that has been at hp. >> i don't think in the long term it will affect hp. but it's going to be very chilling to other boards of directors... in the selection of future ceos. >> the technology giant has

named another ceo in the interim. she's been with hp 4 years and has taken herself out of the running for the permanent job. the board will conduct a thorough search within and outside of the company for herd's replace. the herd is not walking away empty-handed. it's said his package will be into the 40 to $50 million dollar range. we'll have more coming up on abc 7 news at 6:00. reporting live in palo alto abc 7 news. >> thank you. and hewlett-packard closed down nine point seven percent down, but is recovering in after hours trading. >> major developments in the same-sex marriage battle. on unprecedented stands taken by two top officials. both governor schwartzeneggar and attorney general brown

filed moxs calling for same-sex marriages to resume in california. governor schwartzeneggar's motion declared the administration believes public interest is best served permitting the judgment to go into affect, restoring right of same-sex couples to marry in california. the judge overturning prop 8 could rule any time on whether to lift the stay on gay marriages. and. >> this week, judge vaughn walker ruled against proponents of prop 8 saying the ban on same-sex marriages violated the constitution. the question before judge walker now is, should he stay? or postpone the order to get rid of proposition 8 or should he allow the ban to remain in place while marriages are appealed? at san francisco city hall, they're all ready to begin issuing marriage sisens -- license autos we're ready and can't wait for

the judge to lift the stay. we're working with county clerk and if this is lifted we're prepare pod stay up and open saturday, sunday, from 9:00 to 5:00. >> there is a lot of hope he will lift the stay and allow all californians to marry, if they wish. >> yeah. i think he will. why won't there be a reason? >> the judge knows a decision to lift the ban would be appealed and here in the castro, they know that as well. >> unfortunately there has been a lot of disappointment in rulings and seems the way they've been going. >> i bet he'd err on the side of caution. it's my guess. not what i want, but my guess. >> people we talked with are hopeful, and wary. that any decision to lift this ban could be reversed in the court of appeals or, if same-sex couples are loued to marry now, what will happen in a couple years when the case makes its way to the supreme court? abc 7's dean johnson.

>> they have gotten health care. invested in pension plans. bought houses. purchased properties. adopted children. if those people suddenly find their marriages undone by the united states supreme court, it could be... financial and emotional chaos for these people. >> and the governor's office and the attorney general's office have both weighed n many think the same-sex marriages should begin immediately. but it's judge vaughn walker's decision. he has yet to make it. we're stabbedding by live here and will let you know the minute we know. reporting live at the federal court house, abc 7 news. >> thank you. and a federal judge set a march 2011 trial date for barry bonds charged with perjury for telling a federal grand jury he never knowingly

used steroids. but the founder of the lab creating the drug says there is no evidence directly linking bonds to drug abuse. >> a positive mlb test is for a thg. it doesn't mean he knowingly took that. it would be easy for someone to rub a cream on you and create a positive test. so the idea is that he knowingly used drugs? that is a big difference than having a positive test. he says he does not expect to be called as a witness for either side. >> president obama is urging congress to pass a bill to help small businesses after the disappointing report on unemployment. the labor department found july's unemployment rate was 9.5%, unchanged since june. private employees added only 71,000 jobs short of what is needed to lower joblessness. california's rate was 12.3% in june. the president pushed congress to pass a bill stalling in the senate.

>> these kinds of delays mean contracts are being put off. debts, adding up. and workers going without a job. >> the president spoke in a manufacturing company in washington, d.c.. the bill would authorize a $30 billion lending fund and offer tax cuts. >> the governor offered his latest assessment today. the governor tells a budget forum in jant clara. he told business leaders' fwrees with leaders about all but $400 million dollars. >> i mean, i could not tell you the date for sure that we're going to go lick this problem in two weeks. i have a feeling both parties want to get this done as quickly as possible.

>> democrats are looking for additional tax rev zmuz republicans want cuts in services. the next step is likely to be closed door meetings between the governor and legislative leaders which could go on for week autos millbrae police say an argument over a woman led to the murder of a teenager at mills high school. a 19-year-old was found stabbed near the tennis courts wednesday night aichl 20-year-old man turned himself in to plis last night in connection with the crime. >> and oakland police found more than expected when responding to a burglary call this morning. police say they arrested two men, they were trying to break into an apartment unit of a.above a vietnamese restaurant on east 12th street but that is not oofsers found. they confiscated 600 marijuana plants worth about a quarter million dollars on the streets. they were growing inside of the unit. to top it off there was a similar bust at the same location two years ago. investigators in oakland airport looking into what

caused an accident involving a southwest airlines plane bound for phoenix. these photos sent to us buy a viewer around 8:00 this morning. a vehicle called a tug pushing the plane from the dwait. witnesses say a bar connecting to the plane came loose. the tug then slammed into the landing gear, pinning the driver in between. no one on the plane was hurt. the driver was taken to the hospital. >> and still ahead, if beef was for dinner you're going to want to hear about a important recall. >> dna technology bringing closure for family of a world war ii airman killed in a bombing mission over berlin. >> i'm sandhya patel. there are signs this unseasonally cool weather may be coming to an end. i'll talk about it in the accu-weather forecast. >> and one of san francisco's popular sandwich shops is forced to close, a victim of its own success.

>> closed captioning brought to you by mancini sleepworld. the remains of a world war ii airman from oakland declared missing in action have been identified. the army sargeant seen in the far left of the photo was part of a b 24 crew flew a bombing mission in 1944. you can see his face highlighted tlchl all but one of the airmen lost lives in that mission. in 2005, investigators began excavating the crash site near hanover, germany identifying the remains using dna testing. >> so proud of the army to go to this extent. they've really went up. and i didn't believe that they'd go... into this much detail. and time spent. to recover these fellas. i mean, it's wonderful.

>> investigators recovered his dog tag there. it is. on tuesday, his remains will be buried in san francisco with, of course, full military honors. >> a california meat company is recalling about a million pounds of ground beef products after seven people were sickened by e coli contamination. the u.s. department of agriculture says valley meats company sold that potentially-contaminated meat in several u.s. states including here in, california. the beef processed between october, 2009 through january 12th of this year. all of products have the number est 8268 on the label. the company says most were sold frozen. valley meat ez says customers should throw way the meat or rush return it to the store for a refund. a minnesota man is free after serving time in prison for a fatal toyota crash he insists he tried to avoid. he was sentence forward vehicular manslaughter after a

2006 crash that kill aid father, son and niece. lee always instifted he tried to stop his 1996 camery but his brakes didn't work. >> i spent a the time, nothing has been -- brakes. brakes not working. >> his face was reopened after investigation showing dozens of cases of sudden acceleration. a judge granted lee a new trial. he was freed after prosecutors declined to press charges. the families of the crash victims say they fully supported lee getting a new trial. a new survey is revealing differences between bay area and new york when it comes to electronic gage the yits people use. the gadget census found in the bay area, iphone is king but in new york, it's black berry. new york had 56% more black berries than the bay area. 30% more i pads and 33% more e

readers. the bay area had 23% more iphones than new york. 94 pfrs more mac and 12% more people watching tv online. the survey found los angeles area home to hollywood had highest concentration of blue ray players. imagine. >> the 25th mission asian america pageant is tomorrow night in san francisco palace of fine arts. contestants have come for an event that is more than just a beauty contest. >> posing and rehearsals for the pageants. there are 23 contestants. the pageant started as a showcase of the culture, intelligence and talent of the women. >> what we're looking for is a person with potential, or desire to become a community leader.

and who is confident, and a caring person. >> she was the former miss chinatown. she began in 1985, it's about opportunity, growth, inspiration. >> it's a pageant, we're providing classes for the contestants on public speaking. and self motivation. and... business etiquette. to prepare them for professional careers. >> melanie is from honolulu. for her this is a way to carry on the culture. >> it's zwrouft get to, you know, asian-american culture more. it's so diverse. it's what defines use an jellica works for social security department. >> they wanted to get my face out there, meet new people. and to do as much as i can to

work. >> this is a big night when a new miss asian america is crowned. >> this is more than a beauty pageant this, is about social rel convenience. this is saturday night in the palace of fine arts. >> a popular sandwich shop in the castro district may be a victim of its own success. ike's place featured on national television was given an eviction notice this week. here is the issue. it said the owner was grant aid permit to run a coffee shop not the full-fledged sandwich shop he runs now. >> the problem is that neighbors. we've been here three years f there was a real problem we'd have heard sooner. >> the popularity of the shop grew, neighbors became increasingly frustrate wtd lines around the block. noisy customers and smell of

fried bacon irritated neighbors as well. the landlord began eviction proceedings in march and complained to the planning department ike's plates was operating with out proper permits. >> a bay area scholarship fund celebrates its 20th anniversary in a big way. the fund founded by our colleague, friend and former south bay bureau chief in santa clara county. there is some video of award ceremonies in just a moment there. you go. tomorrow night, he will surpass the million-dlash mark in scholarships over 20 years. >> they're among the best in the bay area. there is in cases around the best of the country. this is bringing back supporter autos a lot of supporters come from the public. 26 students receiving scholarships tomorrow night. >> fabulous effort. i know cheryl will be there tomorrow night. >> absolutely.

>> that is fantastic. let's talk about the weather. maybe, maybe just warming up. >> there is you'll have to wait until late next week. there is warming coming up from the computer models. a cool to mild forecast for the weekend. we'll tend to details in just a moment. there is a look if our camera, looking towards you can see clouds are evident over the bay. there is a different perspective from our high-definition camera. this is showing the view of a shallower marl. it's gone from 2000 feet deep to 1700 feet deep, now that. is just signaling why we have seen warming today. and there is a live picture from san jose. it's 74 degrees and sunny. there is a pleasant afternoon. here are the current readings into 50s at beaches. inland areas into 80s.

there is highlights, cloudy nights and mornings. there is signs of warming next week. talk about that in just a moment. there is a set up this afternoon. not much changed since yesterday. what is difference we did see is that there is a small eddy that developed. this shut off the sea breeze, and this resulted in a shallower marine layer that allowed temperatures to come up today. there is a slight washling today. and so you may have felt it outside. the low clouds around tonight at the coast will be back in to our valleys hater on tonight. temperatures into 50s. and tomorrow, we're going to see clouds pulling back. sunny skies inland and around the bay. there is a nice-looking day tomorrow.

heading to lake tahoe, thunderstorms is still a slight possibility sunday. if you're making travel plans keep this in mind. there is mid-70s and 83 degrees in los gatos. there is upper 50s near beaches. there is downtown still below average. and in the north bay, breezy in san rafael. and there is 80 for you in calistoga. head inland and it's going to be a nice day. mild to warm. 63 degrees in monterey. here is the accu-weather forecast. upper 50s to mid-80s range for saturday cooler sunday.

we'll see the drizzle coming back into the picture we've seen for a few days now. we'll remain lee below average, going into upper 80s to low 90s range. there is the coast coming up a few degrees just coming with caution. our accu-weather forecast. computer models tried to warm things up at the end of the seven-day forecast. tried and fi tried. getting closer... >> this is trying harder. >> coming up next, finney's friday free stuff includes a sweet treat. >> stay tuned for that. is he a shoe in to win? there efforts have his dad's job rized as toughest in the u.s.. that sat 6:00. we'll be right back with michael and free stuff.

all right. special granola and enticing dessert. >> free stuff is delicious tonight. >> yes. yes. >> let's start with the dessert. this is ors onrestaurant. the chef is one of the iron chefs if you're on "the view from the bay". she came into the office. and had is cool. >> and this is all kinds of stuff. chocolate strusel, hints of cease my, mint and thai basil. and there is a $10 value. you can get it free. >> and in this, you know a lot of people try to pawn off

amateur biotics on you. not me this, is pro buy yotics. >> this is is taking a stanld. we've given this out before. it's like a granola snack. >> yes. yes. >> this? >> this is a great deal. >> how would i get this? >> i'm glad you asked. you can go to and log on any time. and we have three more items just go the could be consumer blog to get in on those item autos that is a deal. thank you. and coming up, monterey bay aquarium.

ok. what if i just had a small slice? i was good today, i deserve it! or, i could have a medium slice and some celery sticks and they would ccel each other out, right? or...ok. i could ha one large slice

and jog in place as i eat it or...ok. how about one large slice while jogging in place followed by eight celery... mmm raspberrcheesecake... i have been thinking about this all day. wow, and you've lost weight! oh yeah, you're welcome. thank you! [ female announcer ] yop. with 30 delicious flavors yoplait. it is so good. coming up at 6:00 it's called $100,000 club. tonight a big increase in

six-figure pensions of local public servants and the concern it's causing. also... >> i can make outgoing calls. but not receive incoming calls or text message autos how a woman's efforts to save on her phone bill cost her, until 7 on your side stepped in. >> and she could be the best horse of all time. the bay area mare's run for the record books and concerns over her big race tomorrow. we'll have the story and more for you at 6:00. >> and from one critter to another a rescued sea otter pup is on display at monterey bay aquarium. >> she's 16 weeks old, weighing just over 17 pounds and growing by the day. >> and it was found stranded on the state beach in san luis obispo county last month, suffering from abdominal inflammation. >> pretty cute. staff says she will not be released back into the wild. >> she's doing better so that is good. >> that is going