when you don't have to cook, you have time for other things. yeah, like what? i don't know. fishing. [ clears throat ] oh. ha. ha. [ female announcer ] when we do the cooking, you do the enjoying. safeway. ingredients for life. california, are being heard right now in federal court in >> >> arguments over the ban on same-sex marriage in california are being heard in federal court. i am alan martin. >> i am sydnie kohara. let's go to mark sayer in san

francisco with a critical issue the court will decide. well, sydnie it has not wrapped up yet. this hearing going on longer than expected at this point with a panel of three federal judges asking pointed questions of both sides. with the bang of a gavel a three judge panel of the 9th circuit court of appeals opens a hearing. the voter approved ban on same- sex marriage unconstitutional. the state attorney general declined to defend the proposition. that is what is so important about this case there is not a single governmental defender defending this action. here we have one willing to come to this court and wants to as sure they are not placed in the legally conflicted position ... >> reporter: proponents say only statewide officials have

standing in this case. >> marriage is a statewide concern not a local owe municipal concern. so the forums and rules come from the state to the locality. a couple involved since the very beginning, together ... >> reporter: before the hearing got under way, proponents urged the court to invalidate proposition 8 but that ruling and same-sex marriages are on old pending the appeal. >> government discrimination hurts everyone. we really believe marriage equality is the right thing right now. >> reporter: supporters of prop 8 say the will to have voters is in the ballots. >> it is a sound and constitutional decision for the voters to make and should not be over turned by a court. >> reporter: now there is no timeline by which time the federal appellant court must rule. now they do rule or issue additional orders, same sex

orders will remain. they are still going. >> reporter: they are they have broken it up into two parts. the first was issue of standing did the people who filed the lawsuit have the right to do so. the second is on constitutionality of same-sex marriage how is it different from interacial marriage. this has already gone on longer than expected. >> mark, thank you. three people who admitted holding a teenager captive in a tracy home and torturing him were sentenced to 30 years or more in prison. the victim's legal garden was sentenced to 30 years in prisoner the homeowner kelly lou was sentenced to 3 p years and her husband. >> they showed graphic evidence how the teen was starved beaten and abused for more than a year before he escaped.

a high speed chase ending with a hospitalization. a stolen car suspect ran a red light it then slam into a bart officers patrol car. moments before the crash, they stopped the suspect. he rammed the deputies car 13 took off. he is facing a -- and took off. he is facing a number of charge. >> when he slams his car in reverse, he is assaulting them. he was hospitalized as a precaution the suspect suffered a serious head injury no word on his condition. >> she was injured and alone in a santa cruz mountains for nearly a week. how a missing hiker was discovered thanks to a chance encounter. time to build the grand central of the west hitting a

roadblock. how four bay area businesses are holding up the budget ,,,,,, ,,,,,,,,,,

lawmak right now new legislator is being sworn in at the state capital. after that lawmakers will gather for a special budget meeting. mike is in sacramento with what we can expect. >> reporter: well, there will be plenty of new faces around the capital starting today including 28 new members of the assembly. as for arnold schwarzenegger he is of course the lame duck governor but determined to make the most of his last month in august. swearing in will involve all 120 members of the legislature, they will be asked to tackle an

immediate $6 billion budget deficit expected to grow to $25 billion by 2012 the governor is calling a special session but critics say he should wait until january when gerry brown is sworn in. here is what he has to say about taking action now. the governor is saying that he is determined to take action at this moment because he wants to make the most of his last month in office he is an action kind of guy and doesn't want to wait around for gerry brown even though he knows he is coming in next month. the governor will unvail his plans about 1:00 p.m. and expected to include some people cuts for that deficit. democrats are skeptical wondering what, if any i think, the governor will propose that is new or more of the same old same old. they are much more determined to wait and see what gerry brown says on wednesday. he will come to sacramento to have an education forum to outline how bad this $25

billion budget deficit is. back to you alan. >> thanks. well, you just heard mike talk about those budget cuts, solving the state budget crisis is likely to mean severe cuts to education. in san jose where districts are bracing for bigger classes, shorter school year and possibly eliminating many possible programs. >> education makes up 40% of the states budgets, some lawmakers say cuts to schools are inevitable. that when california already ranked towards the bottom in school spending in the entire country. any more cuts to the budget will start to impact classes directly. >> teachers are seeing less professional development, less support services around the classroom, sports programs in

high schools will be looked at much more carefully. anything and everything that takes money is going to be impacted. >> reporter: he has two kids in high school these types of statistics have him concerned. >> to see it cut throughout the entire state, you know, even the country is discouraging. >> reporter: there are other issues state lawmakers are concerned they won't be applied equally. wealthier school districtschools like willow glen here may will immune to some cuts lower income districts will face. lost and found a hiker who was stuck in the santa cruz mountains for nearly a week is recovering in hospital. 58-year-old debra collins fell and hurt her ankle hiking in a state park near of all places fall creek she survived six nights in temperatures as low as 30 degrees no food she scooped watt fresh the nearby creek with a plastic bag search crews spent days looking for her.

two hikers found her on an unmarked trail saturday they say a psychic told them where she was. >> my neighbor has a friend who is psychic so she calls her friend. it is crazy but she calls her friend and her psychic friend says i don't see any violence involved. and i see her in fall creek, laning against a tree. >> collins was treated for frostbite and exhaustion but otherwise they say she will be okay. other headlines around the bay area. hundreds of thousands of dollars donated to help victims of the deadly san bruno pipeline explosion has not been distributed the city collected $400,000. some survivors want the money handed out in time for christmas but the city says it will wait until after the holidays to decide what to do. trans bay terminal project in san francisco has hit a roadblock. they need to take possession of four buildings blocking a path for rail tunnels but the owners

are holding out for more money. tomorrow the city's board of supervisors will decide whether to take over the buildings through emanant domain. a popular free ride may be coming to an end. they are considering a one hour time limit on broken parking meters. right now you can stay in them for free. coming up, relief for thousands facing foreclosure. what is happening just in time for the holidays. plus facebook gets a new look. what has some users racing a red flag. so far so good with the weather the clouds are slowly moving out and the sunshine is building back in. more rain is in the forecast. we will take a look at your seven-day forecast in just a few moments. ,,,,,,,,,, 3q

copd makes it hard for me to breathe. but with advair, i'm breathing better. so now, i can join the fun and games with my grandchildren. great news! for people with copd, including chronic bronchitis, emphysema, or both, advair helps significantly improve lung function. while nothing can reverse copd, advair is different from most other copd medications because it contains both an anti-inflammatory and a long-acting bronchodilator, working together to help you breathe better. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. i had fun today, grandpa. you and me both. if copd is still making it hard to breathe, ask your doctor if including advair will help improve your lung function for better breathing. get your first full prescription free

and save on refills. a shake up in the battle over infused alcohol at barrestaurants. the state senator is introducing a bill that would infuse their own spirits with fruits and vegetables. the current law which makes selling infused alcohol in california has been on the books since prohibition. tracy, drove to work in the rain this morning not much left out there. >> no, but that one weather shot we just showed. the clouds still looming. doesn't look like the rainfall is going away just yet but i

will show you the doppler and prove to you not a lot going on right now. here is a live lookout side our ocean beach camera. got some sunshine, bouncing, dancing off the waves there and clouds off in the distance. there is clouds, those thick clouds we had giving us rainfall throughout the weekend and early this morning are rolling out and sunshine building in. here is a look at our high-def doppler and see not a lot going on even though clouds look like they could let out a few more sprinkles our way. all in all for the afternoon, here is a look at our forecast. we are expecting a mix of sun and clouds, temperatures ranging from upper 50s. lower 60s around the bay, mid- 60s inland, as we move into the overnight hours partly cloudy conditions not as many clouds as this past night. temperatures expect to be slightly cooler, they will range from 40 to 49 degrees. here is a look at satellite and radar. the first frame showing all that rainfall that moved through yesterday, it is moving well off to the east and back

behind it, building in, clearing skies, plenty of sunshine expected and that is going to be the drill for the afternoon. showers coming to an end. sunshine building in, tomorrow, tuesday really nice but take a look at what is right back behind that, wednesday and thursday another low pressure system comes in. more rainfall expected around mid-week. highs today range from lower 60s. napa and santa rosa. 52 vallejo. squeeze out sunshine concord and liver more. highs mid-60s. 63 oakland, fremont, san jose, 64 redwood city, 61 san francisco. and 63 pacifica. temperatures tomorrow on par with today but wednesday and thursday rainfall comes in temperatures dipping down just a bit around the bay. friday, saturday and sunday look at that forecast i am excited about it the weekend. saturday and sunday, high temperatures pretty close to 70 degrees, that will be well inland and 60 along the

coastline plenty of sunshine expected both days. here is a look at our my my pix photo. boy talk about looming clouds, there you go. if now we have what typically happens after the rain. a nice rainbow [ audio difficulty ] mac and bank of america.. are promising not to evict anyone in default.. during the two weeks surrounding christmas. that's from december 20-th through january 3-rd. the temporary fo ze could affect surrounding christmas that is from december 20th through january 3rd. the temporary foreclosure freeze could effect tens of thousands of homeowners. facebook gets a facelift starting to day the profile

pages have a new look. what has some users raising a red flag. >> reporter: the biggest changing facebook users will probably notice about their profile pages is personalized information that shows up right at the top of the page your bio will be the first thing people see when they look at your profile page. followed by pictures, lots of pictures uploaded by you, friends, friends tagging you in pictures, big emphasis on photographs followed by a new feature on facebook which allows a history of your relationship with all of your friends to show up and be displayed to anyone. >> you can see all the things that you have in common with that person. it is just like it gives you this amazing connection with that person in a way that the current profile we have to i do doesn't do. >> reporter: we have had some feedback on the changes one of our tech analysts said it is visually appealing to see lots of photographs when you log into someone's page azione as you look -- as soon as you look

at your page. there is a poll, 29% say they love the changes 16% say they hated them and another 16% say they like the old version better. i am matt bigger will in san jose for cbs 5. >> do you think these changes are too much? kimberly on our facebook page says i simply don't understand why things are not broken must be fixed. people are much more resistant to change than people in big corporations think. >> i don't think i will like it at all don't make things complex make it easier. where is the don't like button. >> paul says you can choose to or not share the information. a football legend has died. dandy don merideth passed away yesterday. he died in santa fe new mexico after suffering a brain hemorrhage and lapsing into a coma. he was an original member of

abcs monday night football broadcast team. don merideth was 72 years old. >> when held get into it. >> when a game was a blow out. >> turn out the lights the party is over. a sneaky new way some companies have of finding out you are faking sick calls. if you have a consumer problem or question, you can all our consumer watch hotline 8885-helps you. volunteers are there right now ,,,,,,,,,,,,,,,,,,,,

private detectives are sniffing ou hese days. savoy cabbage at one time was hard to find but now you can find it just about any where you buy produce. besides being cooked like regular cabbage this is great in so many different soups but you have to select them and store them right otherwise you know what? forget it they will not taste good. these are loaded with

nutritional value. cabbage is a super food loaded with nutrition. buy savoy cabbage i like the dark green color all the way around here. some times at the market you may find something like this color here. that means peeling them back when not selling them, to take off the outer leaves. check the bottom where it is cut to make sure it is clear from browning. when you bring them home, open up the plastic bag store them in the refrigerator. shelf life, 3 to 4 maybe five days at the very most. when you eat them this green the more nutrition they will have. the sweeter flavour. when they are mint green, they lose nutritional value and flavour. savoy cabbage try it in us the can soup, different soups or sautee them, olive oil, blanch them and sautee them with fresh

tomatos. always remember to eat fresh and stay healthy one more thing nice and heavy, the heavier the better i forgot that part. it is a beautiful thing. private detectives sniffing out new prey. >> they are hunting down people who play hooky from work. a recent study found 60% of salaried workers took sick days when they were not sick. 20% jump from the previous report. some companies are even using the liar card which claims to reveal if an employee is telling the truth during that sick call. >> i just did a google search for more information all i came up with were information on how to call in sick and get away with it. here is a way to make your holiday extra green for $80 you can rent a potted living tree, that you can decorate in your home they are not the traditional evergreens, but come on they have been selected

because they will thrive in the city when the holidays are over. the friends of the urban forest will pick them up and plant them on city streets. undecorated i think the decorations have to come off. >> you are contributing to a more beautiful city. >> greening of the city. >> you've been lonely down there. >> hi. >> you are so tall. >> we are all together. >> have a good one cbs 5 news at 5 coming up. >> see you then ,, [ female announcer ] safeway talks holiday baking.

that smells scrumptious. yummy! smells delightful. awesome! i'm not smelling anything. [ female announcer ] everything for holiday baking. just add love. safeway. ingredients for life.

so what's everyone's favorite holiday food? eggnog. gingerbread. and you, nutcracker? i like nuts. [ female announcer ] if it tastes like the holidays, we've got it. safeway. ingredients for life.