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>> live, from the cbs bay area studios, this is kpix5 news. >> tonight, wells fargo accused of duping its own customers. opening bogus accounts, credit cards, charging fees without permission. >> mark kelly is in the news room tonight. >> reporter: the los angeles attorney filed the suit, but this could hit wells fargo customers here in the area and nationwide. >> every time i go to the branch it is a battle with them. >> reporter: frank only wanted one wells fargo account, but he got ten. >> if i never checked my online banking i never would have known these ten accounts were there. >> reporter: the suit claims wells fargo pushed the employees to make unrealistic

quotas driving them to open checking and savings accounts and credit cards for customers who never canned for them in the first place. that is not all, the suit claims that once higher ups knew of the problem in the bank, they did little to stop it. >> this is an institution i am trusting with my money. so it is very alarming. >> reporter: how important is trust when it comes to your bank? >> oh, it is huge. >> consumers are being taken advantage of. >> reporter: san francisco attorney norma garcia says customers should take a close look at their bank statements and credit reports now and if you spot something fishy. >> you demand wells fargo correct any errors and close any accounts you have not authorized. >> reporter: wells fargo down played the allegation blaming a few rogue employees but the trust built since the days of the stagecoach is in jeopardy. >> this is concerning.

i may switch banks. >> reporter: if the allegations are true, they are similar to the sub prime lending that led to the recession. we asked for wells fargo for an interview. they are based here in san francisco. but they didn't call us back. in the news room, mark kelly, kpix5. >> they face a $2,500 penalty for each account opened without the customer's knowledge. a man who killed a mother and toddler showed up in court today and faced an angry mob. >> you are a murder. a killer. >> reporter: simon for rose is at the crash scene in livermore. >> reporter: those raw emotions are here as friends and family gather for a vigil. you can see the balloons and candles left behind. now the focus is on justice. about 50 people gathered in front of this livermore apartment complex to mourn the

loss of a mother and her daughter. they were killed by a suspected drunk driver over the weekend. >> this tragedy is very hard, especially somebody so nice as them. >> reporter: earlier today, the mood was anything but subdued. >> you are a murder. a killer. you don't deserve to be breathing. >> reporter: brian jones faced furious cries from an angry crowd. his arraignment was postponed. he was driving under the influence when he lost control of his corvette, running into and killing esperanza rodriguez and her one-year-old daughter lydia. he is out on bond. >> you need to be tried and pay for it. >> reporter: at court, a dozen friends of the victims vented their rage. jones, a big bruise under his eye kept his head down and mouth shut as the crowd followed him to the car.

investigators are still reviews the case. >> they need more proof? what kind of proof they need? >> reporter: his attorney ... >> mr. jones is truly remorseful for what happened. he has been an emotional wreck. >> reporter: friends of the dead mother and child. >> what kind of justice is this? >> we are not alone and we are not going to be quiet about this. >> reporter: jones' next court appearance is may 28. in livermore, i'm simon perez, kpix5. in danville 4:30 this afternoon, a car plowed into a cyclist on crow canyon road. about an hour ago, we learned the cyclist has died. the force of the impact is clear. a bike without its front tire, a windshield completely smashed in. and shoes that landed several feet away. the driver is cooperating with police. no apologies from san jose police tonight for doing this. officers say 22-year-old juan

lopez attacked them when they tried to arrest him saturday night on a drug charge. the witnesses who filmed the takedown called it barbaric blue the police say they were doing their job. >> you see multiple officers in a fight with one person, it looks violent but it is what it is. >> the department has launched an internal affairs investigation. an independent auditor will review the findings. takeover at oakland city hall. protesters chained themselves to the council dais. mike sugerman was there. >> reporter: it was going to be more gentryification for oakland, but there was no vote. city council members out of their seats. weren't elected. they forced their way in.

>> what some might say, more lawless. >> support each other. >> what is that going to solve? >> reporter: council member noel gallo adjourned the meets so they took their seats. >> could we arrest them? we could. but what could we gain? >> reporter: the issue, a development set near lake merritt and luxury apartments. >> this is proposed not to have a single unit of affordable housing. >> reporter: they don't feel they were part of the process of how is land is used so they shut down the meeting. >> the way the decision was made and the development was pushed forward did not include the people. who are impacted in my community. >> reporter: there were no arrests, protesters left about an hour after a they sat down. there will be another city

council meeting maybe tomorrow. maybe the day after. in oakland, mike sugerman, kpix5. meanwhile in san francisco, supervisor david campos wants a temporary band for all new market value housing in the mission. but doesn't look like he has enough votes on the board of supervisors to get the ban passed. the hectic pace of silicon valley slowed down so the tech industry could honor one of its own. dave goldburg who died in a treadmill accident in mexico. entertainment heavyweights showed up like george lucas, ben afflick and bono. most of the men didn't wear ties. goldburg didn't like it. his wife said we had 11 truly joyful years of the deepest love, happiest marriage, and

truest partnership i could imagine. dave was my rock. she changed her facebook page to a photo of she and her late husband who first showed her how to use the internet. it is hard to believe a freak accident on a treadmill, but betty yu found out it is more common than you think. betty? >> reporter: liz, you don't often think of a treadmill of a dangerous piece of equipment, but people are getting seriously injured. we don't know what caused dave goldburg to fall off the treadmill, but experts say as these things get more high- tech, people are paying less attention to their workouts and getting hurt. even the most experienced athletes and professionals can run into trouble. >> a little click. popped up. and i knew something was wrong. >> reporter: alex lopez once hurt the back of his knee running at full speed. he is the director of sports medicine at team clinic in

santa clara. prominent injuries include ankle rolls. treadmill falls. >> people can misstep. we have people accustomed to the width of a treadmill. some can go off the side. >> have you ever wanted to run? >> reporter: even when you stay on, there are distractions, screens just about everywhere. >> i'm looking at the tv or at the phone for the messages i get. >> reporter: you shouldn't be looking down at your feet either. >> as you watch your gait, you are looking down and it disorients yourself. >> reporter: severe head trauma and blood loss are extremely rare, but dave goldburg's death reminds us more than 50 million people in the u.s. use treadmillsment there were more than 24,000 injuries treated in the er last year. >> you are running at a fast pace. you think everything is under control but it is not. >> reporter: in newark, betty yu, kpix5. >> the u.s. consumer product

safety commission says 30 deaths were linked to treadmills between 2003 and 2012. you remember this woman. the woman who kept trying to sneak on planes in the bay area. she has been arrested again. this time in chicago. marilyn hartman was arrested twice at o'hare last month for being in a restricted area without a ticket. the feds have ordered her to stay away from airports but she just keeps popping up. hillary clinton will be in the bay area tomorrow to hit up donors for campaign cash. it is her first trip since she announced she is running for president. she will attend two private fundraisers in san francisco. as for the republicans, if it seems like there is a new candidate everyday, there is. >> it seems perfectly fitting that it would be here that i announce that i am a candidate for president of the united states of america. >> mike huckabee spoke from his hometown of hope, arkansas.

by the way, if you go to carly fiorina.org tonight, this is what you will see. unhappy faces illustrating how many people she laid off while she was the ceo of hp. 30,000 people. now fiorina is running for president as well. she told tech crunch you can't buy every domain name. maybe we should have tried. sales force may be up for sale. microsoft is considering making an offer for the san francisco based cloud computer company. it now has a market value of nearly $49 billion. tonight, the state water board is taking unprecedented ash and ordering mandatory 25% cuts from the 2013 usage. that is because so far, california has been getting an f when it comes to saving water. new numbers show statewide

water use fell less than 4% in march. so, with the drought, time to think of options. allen martin has one to show us. allen? this sounds pretty cool. >> reporter: it is pretty unusual. there may be no such thing as free water anymore unless you capture the rain, but how about pulling water out of thin air? a bay area company is doing just that. >> what i really need is a droid who understands the binary language of moisture evaporators. >> reporter: in star wars, they took the water from the air for drinks water. the machines are called atmospheric water generators made by ecolo blue. >> weapon are starting to realize they need to make changes. and the water is running out. they are looking for options. >> reporter: ecolo blue has been making the water makers for eight years. it is a dehumidifier on

steroids. >> the moisture caught from the air is condensed to water. >> reporter: this company video shows how humidity from the air is removed and put through a filtration process making it cleaner than tap water. the machine performs best in hot humid weather. but wayne ferera says it will make drinking water even on dry days. industrial units up to 2500 gallons a day. smaller household machines up to eight gallons daily. for michael in walnut creek. >> it is definitely a part of the solution. >> reporter: the atmospheric water generator he has had five years is his only source of drinking water. >> i believe that the atmospheric water generators, their time has come. >> reporter: but for some, that timing is still questionable. >> the idea would be practical depending on how much water is needed. >> reporter: the machines are expensive and expensive to run. home units cost at least

$1,300. industrial versions up to a quarter million. >> this is worth the cost on a small scale, but a larger scale, one has to consider the cost of energy and the infrastructure. >> reporter: at ecolo blue, after a few hours, there are several gallons of water ready to be filtered. >> that is quite a bit. >> reporter: they are working on installing entire water stations in the middle east and south america. they believe one day the machines will be in every home in america. like a microwave oven. >> certainly in california. >> and they should get more efficient. >> amazing. >> innovation. >> awesome. well, there is another dead whale tossed around the surf of pacifica tonight. it is a hump back. a young female. this is the second whale to wash ashore in pacifica in the next couple of weeks.

scientists will not be able to determine how she died until they do a necropsy when the surf goes down. a man got caught in the high surf. waves knocked him down and pushed him into the whale carcass. tonight, a man in pacifica has a story to share. it is about his love of animals. he told cate caugurian he spent six months in prison because of it. but first, we meet the man who busted him. >> you type in taxidermy. >> reporter: we can't show his face. he is an undercover agent for the u.s. fish and wildlife service. >> if there is a market and money to be made, they will do it. >> reporter: he has seized continue band from tigers, wolves, monkey skulls, a guitar made out of a giant sea turtle. organized crime he says is behind big ticket items. last year, a texas man pleaded

guilty to smuggling rhino horns to china. authority believe he was part of a criminal interpraise. but amateurs are out there as well. fish and wildlife busted a san jose woman for buying an owl on ebay. >> it is legal. >> reporter: i'll admit, it is complicated. international and federal laws come into play. take the lion. anyone can own or sell one without a permit. but you need a permit to sell a duck. >> that falls under the migratory bird treaty act. >> reporter: trading bears is legal in some states but not in california. >> in california, you can legally hunt the bear with your valid hunting license and possess a bear you have legally acquired but you can't sell it. >> the punishment didn't fit the crime. >> reporter: it was a grizzly that got jim dixon in trouble.

he collects wild animals. >> i had a lion, a grizzly bear, a yak. >> reporter: a few years ago, he posted one on craigslist. al spotted it and paid jim a visit and spotted one of the biggest no-nos in the trade. an eagle. >> he said oh, i would love to get that eagle for my poolroom. >> reporter: suspecting nothing, jim sold it and ended up serving six months in prison. >> when they found out i was in there for animals, the stuffed eagle, they laughed. they thought it was a joke. >> reporter: but it was no joke. the feds seized his animal collection leaving him a bear as a grizzly remind. >> i wanted to build a museum. that is all i wanted to do. >> reporter: cate caugurian, kpix5. >> dixon just finished three years of probation. he says he is winding down. his collecting hobby. well, the playoff series is all tied up. one game apiece. about 45 minutes ago, the

warriors dropped game two. they looked terrible tonight. it was a disappointing defeat. christin ayers shows us fans are still in a frenzy over what happened before tonight's game. christin? >> reporter: that's right. it was a disappointing game. fans told me they came out here wanting to see steph curry get the mvp award and see the warriors win. they got one of those wishes. the first golden state warrior in 55 years to claim the nba's most valuable player award. the moment he hit the hardwood ... >> mvp! >> reporter: oracle arena came alive for chances for steph curry. the first golden state warrior in 55 years to claim the nba's most valuable player award. he did it tonight on his home turf. [ cheers and applause ] >> reporter: fans told me if they were going to see one game

in the post season, it had to be this one. >> once we found out he was mvp, we had to see it in person. >> reporter: luis soriano says he had faith all along that curry would take it. >> i got this shirt before he got the mvp. >> reporter: tonight, those mvp shirts are in high demand. warriors merchandise number one at the nba score. tonight, despite fans forecast ... >> we are going to take it all the way, neither winning streak nor the wheaties box was enough to keep hopes for a sweep alive. okay, so no playoff sweep and fans were really disappointed tonight. but again, this is 1-1 early on in the sere rise right now ken. plenty of time for the warriors to redeem themselves. >> might be the shakeup they need. >> reporter: that's right. >> christin ayers at the coliseum. thanks christin. dennis o'donnell is also at

oracle tonight. and he is talking to the players. we will hear from them just ahead in sports. >> it makes for an exciting series. >> it will be exciting now. yeah. series going. exciting weather this week. potentially exciting weather. we have a rain chance, but more rare, a thunderstorm chance. yes. there is a chance with a few thunderstorms in the bay area later on this week. tonight, it's the lack of cloud cover. there is none out there. we are clear in san jose. we are actually clear in san francisco and oakland. later this week, thursday, specifically, there is a thunderstorm chance. not everywhere. not widespread. but we will have a chance of thunderstorms comeing to the by area. why are we thinking this? there is a low pressure area over western oregon and washington causing thunderstorms there tonight and it is headed toward california. it will be a stormy three days wednesday, thursday, and friday over the sierra. raise it makes its pass to the bay area. it is areas far away from the

water and mountainous areas. mount diablo. in and around those areas. there is a slight chance that we may see a thunderstorm here. that low moves out, but more are coming and this particular pattern grabing the air from the chilly ocean will be with us. it will be prevalent all the way next week. temperatures at or near normal. look at the rain the next two days up and down the spine of the sierra. rain is good, lightning is not. much of this will be falling in the form of thunderstorms. we are tapping in just a little of that. some of the unstable air may make it here. not guilty as much fog and low cloud cover. temperatures will be at or below average because of the on shore flow and the tiny chance of a mountain thunderstorm on thursday. tomorrow is wednesday, though. we will have afternoon sunshine. palo alto, 70. hayward, 67. antioch, 73. san francisco, a little bit of morning cloud cover. chilly despite the sunshine 63

for you. petaluma 71. mountain thunderstorm chance on thursday, otherwise, partly sunny. and we will keep it in the mid 70s inland. mid to upper 60s near the bay right through the weekend into next week. maybe hearing some thunder 48 hours from now. >> thank you paul. some boxing fans are fighting mad. why they are suing manny pacquiao

h

rvative free joining a number of companies vowing to make their food more pure. the jury is still out whether this actually improves food quality or if it is just a marketing ploy. talk about adding insult to injury, literally, manny pacquiao is being sued tonight. >> two boxing fans in nevada slapped him with a class action lawsuit. they claim he defrauded

spectators and gamblers by not disclosing a shoulder injury in the fight with floyd mayweather which he lost. manny pacquiao and his promoter are being sued for $5 million. tonight, cbs news reports he will need surgery to fix his shoulder. i tell you what, the warriors got a little counter punch from a guy named

>> time now for sports with dennis o'donnell who is at oracle arena. dennis, brand new series, huh? >> reporter: yeah, ken. it is a night that began as such a festive way, but it was a night of celebration that turned ugly in game two between the warriors and the grizzlies. the mvp honored in front of the oracle crowd before the game. mike conley with there despite facial injuries. late in the third quarter, four minutes left in the quarter. curry hit it is three. just one of two in the game. golden state down 67-57. a little over two minutes left. a seven-point game, but here is

mike conley with a huge three and they pit it away. he had 22. he was the equalizer. grizzlies win 97-90 tieing the series at one game apiece. the warriors first home loss since january, 27. >> warriors don't lose at home very often. do you feel like you have given the edge to memphis as a result of tonight? >> everybody expectstous go undefeated in the playoffs. everybody, nobody expectstous lose a game at home. now the whole world has collapsed and the bay area has been hit by an earthquake. everything is going wrong. we will be just fine. >> reporter: giants pitcher ryan vogelsong fighting for his job. 5th inning, 5-0. andrew cashner taken deep. 6-0. that was the final score. the giants, how about the comeback kids. they have won five straight.

the hot hitting stephen vogt. 2-1. brent lori with the two- out r.b.i. base hit. lori was 2-4 and the a razz 2-1 winners. back here, ken and elizabeth, i think the warriors coach kerr said it best. we got our butts kicked tonight. game three saturday night in memphis. >> all right. >> they looked awful. and that's good.

>> david letterman is next

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