i'm kristen sze. let's begin with a story you wanna hear before you make your breakfast. 200 million eggs are being recalled this morning after hundreds of californians got sick, including several dozen here in the bay area. theresa garcia joins us live from santa clara where a number of people got sick. theresa. >> certainly. about three dozen already in santa clara county, kristen, and that's what the county knows of so far. some of the eggs have been sold at stores like safeway. they have all been pulled off the shelves. the concern is if they're in your refrigerators this morning. federal health officials have recalled 228 million eggs from 13 brands linked to a salmonella outbreak. 250 people around the state have gotten sick. as we're saying here in santa clara, 38 tested positive for the bacteria, three so sick they had to be hospitalized. some of the symptoms include diarrhea, cramps, nausea and vomiting. santa clara county and several other health agencies were the first to alert the centers

. >> reporter: kristen and alex gave themselves a budget. they're cutting themselves off at $75,000. >> i work at the gym part time as a fitness instructor, so my little gym checks that i get, we would put those in an envelope. >> reporter: it took them two years to save. all to make kristen's fairy tale come true. >> i kind of grew up during the princess diana era, where we saw her wedding on tv and the elaborateness of her wedding and elaborateness of her wedding and the dress. we're doing it once and we're doing it right and -- >> yeah, exactly the way we wanted it. >> reporter: they're not alone. when you add up those wedding essentials, catering and cakes, flowers and photographers, americans spent $74 billion, just to say "i do" in the last year. >> do you like that? >> yes. >> reporter: from the moment they got engaged, kristen and alex realized their $75,000 would have to be stretched. first, kristen needed the princess diana dress. >> i've always dreamt of a huge dress. and a huge train. the bigger the better. >> reporter: but nothi

kristen. >> frances, thanks a lot. part of the one-month passion, but what about the plane. the jetblue promotion that could have you packing your bags. we have a live report from the new york stock exchange straight ahead. a live look at the big board. the dow up 52 points. would you like a job with your fries. getting a job and lunch at the same time today. also a gun fight caught on camera. the store robbery that turned into a shoot-out. fiber one chewy bar. how'd you do that? do what? it tastes too good to be fiber. you ma it taste like chocolate. it has 35% of your daily value of fiber. do it again. turn it into sometng tasty. this guy's doing magic. there's chocolate chips in here w. hod you do that? right! tasty fiber, that's a good one! ok, umm...read her mind. what's she thinking? that's right! i'm not thinking anything! [ male announc ] fiber one chewy bars. cardboard no. delicious yes. ♪ >>> all right. time for your california forecast. let's start with the more unusual weather. scattered thunderstorms pos

kristen. >> frances, thanks a lot. it's 5:19. some bay area girls return home after putting their brain power to the test in china. that's next. and an 11-year-old california boy is rescued from a chimney. what he was doing there in the first place. >>> welcome back now. it's 5:23. three bay area girls are back home this morning after an impressive second place finish at the girl's mass olympiad in china. the girls received a warm welcome at san francisco international airport yesterday. they were part of a team of eight from the mathematical science research institute in berkeley. a chinese team took the overall goal but the girls say they're very proud of their accomplishment. >> i think they trained a lot harder. they spent a lot more time just working on that. we're much more relaxed i think. i don't know -- that's not necessarily a bad thing. >> relaxation creativity, right. the team won five gold's, one silver and a bronze medal. an 11-year-old boy thought he had a good idea when his theme looked themselves out of their hom

kristen. >> mike, thanks. it's 4:48. a group plans to rally for internet neutrality outside google headquarters in mountain view later this morning. the internet freedom defendsers oppose the joint proposal to the federal communications commission. that plan would create a two-tier web. we've been talking about this -- featuring a plain for big business and slower public internet. activists argue this would restrict free speech and let big corporations control the internet. google insists it's been the leading corporate voice on net neutrality for the past five years. moveon.org is one of the organizers of today's protest. >> yahoo and microsoft want to launch a joint venture by october in time to take advantage of increased online advertising during the holiday shopping season. people selling ads from both companies and yahoo years relocating the microsoft offices around the world. this after two years after yahoo spent $79 million to fends off a hostile takeover by microsoft. both firms want a bigger share of the onlin

kristen. >> thanks. it's 6:44. a measureto ban businesses for charging a fee to consumers who use debit cards is headed to the governor's desk. the measure would prevent businesses from advertising one price and then adding a fee to a purchase if customers pay with a debit card. the bill was backed by consumer advocates and opposed by small business owners who are subject to fees charged every time a credit or debit card is used. governor schwarzenegger has not said whether he'll sign the measure. >> a three-day losing streak and interesting news on vacation trends. >> jane king joins us live from the new york stock exchange with the "moneyscope" report. hi, jane. >> hi, eric and kristen. remember staycations, so 2009, right? looks like they might be getting a little old-fashioned. the latest vacation craze, maycations. half of the 23,000 participants say they bare all at the beach. maybe it's cheaper. who knows. investors may be wishing they were on vacation. they were actually lower for a fourth straight session.

kristen, thank you. >> you bet. >>> and meanwhile, that nbc/"wall street journal" poll that kristen just mentioned also shows that americans are not exactly pleased with the commander in chief. less than half the country is happy with how president obama is handling his job. just 47% approve, although that's actually up two points from june. the survey also shows particularly grim numbers for congress. a whopping 72% disapprove of the job it's doing. >>> the jetblue flight attendant who shot into the national spotlight this week for his dramatic exit from a plane is opening up about his new cult hero status. in an interview with nbc's jeff rossen yesterday, steven slater talked about the media uproar that ensued after he cursed out passengers on a plane, grabbed some beers, deployed the emergency exit, and slid down the inflatable chute. >> reporter: what do you want to say to all the people who are calling you sort of a working-class hero? >> i'm a little overwhelmed. it's something i had no idea that was going on out there. >> reporter: any regrets? that face says it all, huh? >> and w

kristen, good morning. >> reporter: good morning to you, lynn. there were those initial reports that all of the combat troops were out, and then we got word from officials that there actually are 6,000 more remaining but that 4th stryker brigade was the last major combat unit to make it out of the country. the additional 6,000 will be flying out either later on today or trickling out over the next couple of weeks before that august 31st deadline. so, kind of a symbolic exit last night, but definitely emotional and an historic one to watch, as we saw richard engel there leaving with them. it's unlikely, though, that we'll hear from the president on this about the official end until that august 31st deadline, lynn. >> well, and kristen, also important to note that after that deadline, there's still going to be 50,000 troops that remain there. describe really advisers that will assist iraq in this transitional period, but we know there is great political instability there, increasing violence. so, this is clearly not mission accomplished just yet. w

i'm kristen sze. our top story, there will be no same sex marriage licenses issued in california tomorrow as planned. the ban on proposition 8 has been extended indefinitely. a federal appeals court extended the stay on same sex marriages until a december 5th hearing. the three-judge panel on the 9th circuit court of appeals scheduled a hearing sooner than would typically happen. while proponents are encouraged, gay couples hoping to marry quickly are disappointed. >> we just wanted to make sure we made this window of opportunity but now the window's not there at all. so we're very disappointed. >> we'll have some time to really fashion our arguments for the court of appeal and show why this one judge's ruling attempting to undo the work of 7 million californian voters, it's just plain wrong. >> state attorney general jerry brown says he won't appeal the decision to keep the stay intact until that december hearing. the livermore mother accused of having sex with two boys is expected to return to court

eric, kristen? >> okay, frances. thank you. it's 5:20. >> scientists think they've solved the mystery of the songs produced by blue whales. the morning's must-reads are next. >> something great. >> it's not just something great, it's something grand. coming up, the amazing piece of bay history about to reopen. with orbitz, i know what to expect from my vacation. bad dog, balloon pop. [ dog whimpers ] because orbitz has price assurance. leaf in face, marie, man with computer. [ man ] marie! if another orbitz customer books the same hotel or flight for less, they'll send me a check for the difference automatically. so i know i'll get their lowest price. and i like knowing what to expect. bike, unrealistic splash, embarrassingly transparent. [ bell chimes ] [ male announcer ] when you orbitz, you know. >>> welcome back. it's 5:23. after a decade-long shutdown, a popular east bay landmark it ready to reopen in a few days. the 84-year-old richmond plunge public pool was forced to close in 2001 because it was in danger of collapsing.

terry, kristen. >> frances, thanks a lot. it's 5:37. >> the discovery that ledded to a major pot bust in the north bay. >> governor schwarzenegger orders a california guard to the mexico boarder. up next to the job they'll be taking on. >> and stranded on a roller-coaster. investigation into what went wrong at sixflags. why is carol sitting all the way over there? carol almost told evan that there are vegetables in the chef boyardee. so she's in a time-out. [ female announcer ] chef boyardee micro beef ravioli microwave cups. with a full serving of vegetables. just don't tell them. shh. >> closed captioning brought to you by mancini sleepworld. >>> lookin' out -- can you identify that shot, folks? lake tahoe. yeah! looking out from heavenly. and a sunrise coming on, going to be a beautiful day up there, upper 70s. great time to get up there and enjoy summer, what remains of it. >> back here authorities say raids of pot gardens in west marin county are expected to continue today. sheriff deputies and along with federal and sta

eric, kristen. >> frances, thanks. yeah. after an early accident, you can see all clear on the upper deck. >> investors try to regroup after yesterday's stocks slumped and g.m. gears up to leave the government behind. >> jane king with the "moneyscope" report. >> growing concerns about cracks in the recovery. now goldman sachs says there's a 25 to 30% chance we'll slip back into recession. the third day for it to slow enough to take action. investors continuing to keep an eye on b.p. after the company agreed to pay a record fine. the fine for failing to fix safety short falls at a texas refinery after a 2005 explosion that killed 15 workers. facing civil and criminal investigations over the explosion in the gulf. droid moves ahead. researchers say android software has beaten out i-phones to become the best seller in the u.s. software maker suing google saying google is violating patents on its java technology. speaking of these programs, google unveils ten new voice-activated services like sending texts and finding direction

>> kristen dahlgren for us in washington. kristen, thank you. >>> well, same-sex weddings will not resume in california this week. yesterday a federal appeals court blocked the unions while it considers the constitutionality of the state's gay marriage ban known as proposition 8. the decision trumps a lower court judge's order last week that would have allowed county clerks to begin issuing marriage licences to same-sex couples tomorrow. the appeals court will hear arguments in the case in december. >>> defense secretary robert gates has announced he's planning to leave his post next year. in an interview with "foreign policy magazine" yesterday, gates said retiring from his pentagon post in 2011 makes sense since he will know by then if the war strategy in afghanistan is working. plus, he said waiting till 2012 would be a mistake since, quote, this is not the kind of job you want to fill in an election year. >>> officials on a colombian resort island are calling it a miracle and praising a pilot's skill for saving the lives

. >> and i'm kristen sze. topping our news this morning, some travelers who are passengers on a new york-bound flight that was grounded at sfo are still waiting to leave. authorities now say the hijacking phone threats turned out not to be credible and some are wondering if the f.b.i. reaction added up to racial profiling. here's wayne friedman with more what agents have learned. >> sonya, her parents and sister would have been arriving home in the south of france right now. they are refugees from american airlines flight 24 that spent most of the day on the tarmac with 163 passengers on board. >> the pilot came on a couple times and eventually said there was a security threat that they thought was credible. >> a little scary, yeah. we didn't know exactly what was happening. >> the crisis began across the bay in alameda at about 9 a.m. with an unanimous call to the hampton inn and suites. >> my desk clerk received the phone call. lasted about 45 seconds. the phone call went on like say rant. very jumbled. kind

i'm kristen sze. >> i'm eric thomas. topping our news, this morning a local school district hopes to start a trend by coming out against proposition 19. that's the ballot measure that would legalize marijuana for recreational use in california. theresa garcia is live at san mateo union high school district headquarters. they hope to have more school districts join them? >> they absolutely do. most people would think it is a natural for schools to take a stand against adult recreational use of marijuana but actually many schools have not gotten politically involved and now there is a change going on here. san mateo union high school district has voted unanimously to passry resolution that takes a stand against it and they are encouraging other districts statewide to join them and not be silent about it. san mateo union high school district board members met last night to discuss whether to form an official opinion about proposition 19. that's the ballot measure which aims to legalize adult use of marijuana. the heart of t

kristen. >> thanks a lot. it's 6:05. the san jose city council is set to decide whether or not to place four possible measures on the november ballot to help billion the city's huge budget deficit. it includes a quarter cent sales tax increase which would raise san jose sales tax rates to 9.5%. a tax on the approximately 50 medicinal marijuana businessless in the city. changing the city charter by negotiating a second tier pension for new city employees. revising city charter that will affect police officers and firefighters. >> william mcdonald will hold his first news conference today and many hope he'll reveal new ideas to put dozens of firefighters back to work. the union will be back to the bargaining table with city leaders wednesday. the two sides hoping to work on a deal that could reinstate 49 laid off firefighters and reopen a closed fire station. the union unveiled its latest proposal on sunday but the city says it falls at least $4 million short of the $10 million needed to bring back those workers. palo alto

nbc's kristen welker from los angeles with us with more. kristen, good evening. >> reporter: good evening, brian. the violence in mexico is escalating by the day. the mayor of a small town in the state of tamaulipas became the latest victim of suspected drug hitmen. he is the second mayor to be assassinated in the state which borders southeast texas. the area has been plagued by gang shootings and car bombs. last week gunmen massacred 72 central and south american migrants. segments of the mexican police have even been accused of cooperating with the drug cartels in the killings. today, fighting broke out within the ranks of the national police when 3,200 officers were fired. mexican president felipe calderon vowed to make his country safer. on this side of the border national guard soldiers began deploying along the arizona/mexico border, the first wave of reinforcement sent to bolster security. it is estimated the drug war has claimed 28,000 mexicans since 2006. brian? >> kristen welker in southern california for us tonight. kristen, than

terry, kristen. >> thank you. americans dipping into the retirement funds too early. >> here's jane king with the "moneyscope" report. >> more people are dipping into their retirement savings to get through the economic downturn. fidelity says a record number of workers made hardship withdrawals last quarter. that's according to the associated press which says the number of people borrowing reached the highest level in a decade. we had evidence of problems in the job market yesterday. stocks tumbled after a government report showed the most people applying for unemployment in the latest week since november. one benefit could be lower fuel prices. oil prices down 11% since earlier this month on speculations businesses will cut back. dell says it's selling more products but making less on them. that has analysts concerned. the company says it's seen consumer demand weakening. and domestics saw sales go up the 7th straight month. but you may not be able to take all those trips. passes on sale. jet blue says they're s

i'm kristen sze. >> i'm eric thomas. developing news out of oakland. police are investigating a big illegal marijuana growing operation after they arrested two burglary suspects this morning trying to steal pot from the site. it started just after midnight when police went to a restaurant on east 12th street on reports of a burglary. when officers arrived they found two people throwing bags of marijuana out of the second floor window. the site above the restaurant was apparently housing a large pot growing operation. they've arrested two and are confiscating what they say are 100 pot plants along with the equipment used to grow it. >> county clerks throughout the bay area are preparing for a potential flood of applicants for marriage licenses from same sex couples. the federal judge who overturned prop 8 this week could decide as early as today whether to lift a stay that's keeping the ban in place for now. theresa garcia is live at san francisco city hall. theresa? >> kristen, if and when the stay is lifted city hall in

. >> i'm kristen sze. our top story hours from now, oakland's top cop will convene a summit of law enforcement brainstorming a solution to deadly violence in oakland. a reminder how important that summit is after two men were fatally shot in separate incidents two hours apart. terry mcsweeney is live at the oakland police department with more. terry? >> yeah. this is an anti-gang summit convened by chief anthony bass and he's bringing together the dea, the f.b.i., the department of justice and other federal agencies. together they're teaming up to go after gangs. those two shootings you spoke about may be gang-related. the investigation continues. the first homicide happened in a very public place, 9:30 at night at 13th and broadway. there was a fight. a man grabbed a gun, opened fire. the victim staggered into a news stand and collapsed and died a couple hours later at the hospital. two hours later, at 34th and eddie street, an industrial part of town, a man was shot and killed there. he we don't have muc

. >> and i'm kristen sze. an 18-year-old san francisco man faces a murder charge for the shooting death of a german tourist near union square sunday night. two other people were injured when a group of teenagers had an altercation and began shooting. >> allen wong reports. >> the husband of murder victim measure left the hotel 7:00 and flew back to their home in germany. >> deep in his heart he's crushed after being with someone for all these years and they came to celebrate i believe their 25th silver anniversary. >> sunday at 1:00 a hail of bullets were shot a half block away from the couple's hotel. a private party was being held for teenagers between 13 and 17 years of age. surveillance cameras captured people running for cover. >> there was another man over here that i saw. he got like glanced in the neck and he was bleeding. >> police say it was a 15-year-old boy and a 19-year-old woman wounded but the 50 year sold tourist and elementary school principal was hit in the head and died at the scene. ♪ >>

. >> i'm kristen sze. san jose officials don't seem optimistic that a proposal by firefighters will make a big dent, not enough for the city to rehire firefighters laid off last week. terry mcsweeney is live at the just closed station with details. terry? >> this plan is being touted as something that allow for the reopening of station 33 which you can see is closeds. a cording to firefighters this new plan to lead to the rehiring of the 49 firefighters laid off last week. not true say city officials. firefighters called a news conference yesterday. that's something else that did not go over very well with anybody involved in the negotiations on the city side. union members say they are offering in addition to cutting pay 5.5%, they're offering a number of things such as a change in the way the retirement system works for new hires. they say that they can reduce the amount of money the city puts in by increasing the pay from firefighters. the firefighters point out we're all talking about money and money a

kristen. >> frances, thanks a lot. americans spend roughly $5 billion a year on multivitamins but a new survey from "consumer reports" some are worried about contamination. >> christopher is a personal trainer who makes taking care of himself a priority. and he takes a multivitamin every day like nearly 40% of all adults. with so many different multivitamins on the market, knowing which multivitamin is right for you can be confusing. "consumer reports" tested 21 regular daily multivitamins as well as one for seniors and chewables for children. >> not everyone needs to take a multivitamin, particularly if you eat an balanced diet but it's necessary for pregnant women and people on strict diets. >> we had an outside lab test for the ingredients contained as contamination. none had excessive doses of sean particular vitamin or mineral. "consumer reports" also tested to see how well the multivitamins dissolve. that's important so you're able to get all the nutrients. two of the most expensive had a problem. some samples fr

. >> i'm kristen sze. topping our news, san jose city officials will hear details of a new proposal by firefighters to cut their pay and benefits to bring back dozens laid off last week but will it be enough. terry mcsweeney is live in san jose can details. terry? >> i'm down here at station 33 in south san jose. as you can see behind me the sign says danger, your four company is closing. last week 49 firefighters were given pink slips. they are gone. firefighters came up with a new plan to save $5 million plus. the city takes a look and says first of all it's not new and second of all that's not enough. the firefighters made the announcement yesterday at a news conference. that is something else the city didn't especially like. playing it out in the public instead of the negotiating tables. union members say the new proposal would cut pay by more than 5%. and increase healthcare co-pays. that's not really new but what is new is that firefighters are now willing to adopt a two-tier retirement system for ne

. >> i'm kristen sze. oakland police asking for the community's help stunning a city that's seen more of its share. a vigil last night to remember a 13-year-old boy gunned down on his way home. terry mcsweeney is live at the oakland police headquarters. terry? >> oakland police are asking for the public's help because they have nothing to go on. they have no suspects, they have no leads. although they do have plenty of controversy. i'll get to the that in a little bit. last night that vigil you were talking about going on for 13-year-old javan clark. he was shot on 61st avenue. a friend called to ask for help getting gas. javan and his brother went to help. relatives are saying that it was a setup. the whole thing was set up to get javan out of the house so he could be shot. he died a few blocks from the middle school where he was a track star. on monday he was supposed to start school at skyline high. wednesday he would have turned 14. that's not gonna happen now, obviously. shootings out here are not unu

kristen. >> mike, thanks a lot. 4:47. starting today san jose firefighters will vote on a pay package that might bring back some laid off workers. last month 49 firefighters after back and forth between the city and union. firefighters will vote whether still accept a 9% compensation reduction and a requirement cost increase. even if it's approved, there's no guarantee it will bring back the laid off workers. >> now that fire season is clearly upon us, the term defensible space is more important than ever. in fire prone contra costa county, one organization is offering grant money to community grounds who need help funding their fire safety projects. laura anthony reports from walnut creek. >>> it's hard to see how a swim club could be a fire danger. but with all the trees and brush around it, walnut creek sunny hills aquatic club is just that this time of year. >> we have a large tree overstory here and fuel from the spinning. a lot of things need attending to. >> it's an expensive job in that they have 30 members raisin

kristen. >> mike, thanks. fire danger remains higher than it's been lately and 200 firefighters are battling a 375 acre wildfire east of mount diablo. it's now about 50% contained. it'sburg near the intersection of morgan territory road and curry canyon road southeast of clayton. investigators are trying to determine if a downed power line sparked that fire. here's amy hollyfield with the latest. >> the fire got off to a big and fast start incurry canyon, so big smoke could be seen from san francisco. it was enough for residents of this rural area to start getting ready to leave. >> live with the threat all summer, every summer. and it's something you think about. i have an evacuation list i have inside my house numbered one through ten. >> the fire threatened one home and a massive power line. firefighters saved both. they relied heavily on aircraft but also have hand crews in the hills. >> a terrain is light fuel areas. once we get back into the hills we're noticing brush and trees and timber. right now the

. >> 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 s

. >> i'm kristen sze. residents of a contra costa county apartment complex are on high alert after a series of sexual assaults. three times in the last six weeks residents have been attacked inside their own homes and this morning we're learning of a fourth incident. terry mcsweeney joins us life from the park regency apartments near walnut creek. terry? >> a mantels us last week someone tried to break down the door of his apartment. that's taken separately from the attacks of three women assaulted inside their apartment and the person doing this sometimes work in broad daylight. yesterday morning that's exactly what happened. 8:30 in the morning a woman woke up to a hand on her mouth. she fought back, eventually getting ahold -- according to her mother -- getting ahold of a can of pepper spray. she sprayed it in the attacker's face and he fled. deputies and came out with a such dog unable to find the person. this is a complex that is gated but the gate is closed not until the evening and it's easy to walk

kristen, eric? >> mike, thanks a lot. it's 5:46. >> taking a look at the stories we're following this morning. in contra costa county, 200 firefighters are battling a 375-acre wildfire east of mount diablo. it's now about 50% contained. investigators are trying to determine if a downed power line sparked that fire. >> bart expects this morning's commute to run smoothly but this afternoon's commute could see more delays because of the hot temperatures. the overheating of trackside computers caused major delays during yesterday evening's commute. train operators had to operate manually at no more than 25 mph. >> the heat is motivating rattle snakes to become more active during the day. as a result, people have been having close encounters around the bay area. experts say stick to paths and avoid wooded areas this time of year. if you come across a rattler, keep your distance and call in a snake removal expert. the latest with all these stories at 6:00. >> berkeley and u.c. berkeley police officers are teaming up to try to c

. >> i'm kristen sze. the judge who overturned california's proposition 8 but stayed the decision will rule this morning on whether same sex marriages can resume while appeals are heard. terry mcsweeney is live at san francisco city hall which could be but, terry, not necessarily or even likely to be a very busy place later today. >> yeah. the window for the decision for judge vaughan walker's decision opens at 9:00 this morning, sometime before noon we're going to find out if he's going to lift the decision made last week, the temporary ban which prevented same sex marriages from taking place. last week the judge ruled that proposition 8, the voter-approved measure defining marriage between a man and a woman, he found it unconstitutional but did not order same sex marriages to resume immediately. today he's going to decide if they should take place again. but legal analyst dean johnson says the judge will likely lift the ban but then hold off implementing that for a week or so so that supporters can appea

i'm kristen sze. >> i'm eric thomas. topping our news, this afternoon a federal judge in san francisco will ends the speculation by ruling on whether the state's ban on same sex marriage is constitutional. terry mcsweeney is live in san francisco. terry, whatever the ruling, the legal battle won't end. in fact, you can say it may start right here. >> that's a good point. the final decision's going to be probably made by the united states supreme court. that's what all the experts agree upon. today's decision by judge vaughan walker will form the basis for that decision. this decision today has been months in am could go. judge vaughan walker's going to be posting it online between 1:00 and 3:00 this afternoon. this follows a january trial challenging proposition 8, the measure defining marriage between a man and woman approved by california voters. closing arguments were in june. same sex couples including a lesbian couple from berkeley challenged that with renowned attorneys representing them. they contend that proposit

eric, kristen? >> megan, thank you so much. >> just head, the new poll showing there's a new leader in the fight to be california's next governor. >> is it broke for blockbuster? the video chain's warning to the camera phone? man: i did. do you wanna go first? i've been waiting for this all day. ok, this is from... aunt stacey. introducing chase quickdeposit. just photograph the front and back of your check using the chase mobile app on your iphone, and hit send. it went through. this is so cool. this is so cool. you wanna try it? yea. ok. make a depositght. from anytime--make a det with your iphone. to mister and misses walker. why would they send my parents a check? chase what matters. ♪ choose malibu chicken, flame grilled steak, or two grilled shrimp skewers. each includes our 50 item endless salad bar and start at just $9.99. now at the sizzler. >>> welcome back. it's 6:12 now. a new voter poll shows republican meg whitman has pulled ahead of democratic jerry brown in the race for governor. t

. >> i'm kristen sze. yep, some of us waking up to much cooler, much more comfortable conditions this morning. that fog a welcome sight, clouds. >> we've been waiting for that cooling, mike. it's begun but we haven't seen anything yet, right? >> oh, no. today is the big day. yesterday kind of hit the coast. you noticed in the afternoon san francisco starting to get a breeze. now that breeze has pushed through most of our neighborhoods and it is going to take a big tumble to our temperatures. 10 degrees cooler in san francisco, 15 redwood city to 76. concord after setting the record high 72 degrees. san jose set a record high, 18 degrees cooler today, 82. santa rosa record high yesterday, 23 degrees cooler and 80. eric? >> mike, thank you very much. we'll check in in a few for an expanded forecast. officials are trying to figure out how much raw sewage spilled from an accident at a pumping station last night. it's leaving some redwood shores residents with a smelly cleanup job today. terry mcsweeney is live

for more we go to kristen dahlgren in venice, louisiana. good morning to you, kristen. >> reporter: good morning. one official called this a lethal injection. static kill, of course, was pushed back because of tropical storm bonnie and then delayed another day because of debris in the relief well. we may now be less than 24 hours away from what some are calling the beginning of the end. out at the well overnight, last minute preparations that could by tonight have hundreds of barrels of mud flowing into and filling the leaking well. >> the sequence of events that has to be followed before they can actually start pumping mud into the capping stack itself. >> reporter: mud will pour in from the top, the so-called static kill, followed by a bottom kill through the relief well in about a week. in louisiana's bayous this weekend, there were signs of a new beginning. >> i would eat their food. the seafood out of the gulf here. and i would feed to my family. >> reporter: but for those who live here, the spill is still a dark stain on everything an

i'm kristen sze. police are accepting up security at a south bay elementary school and parents are getting warnings after a threat of something terrible happening tomorrow, friday. he theresa? >> that terrible threat is some type of explosive device could be detonated at this campus tomorrow. while it is unclear if it is a juvenile prank, police are taking it seriously, investigating and adding security. the santa clara unified school district superintendent said it discovered the threat scrawled on a school door two weeks ago august 4th. the device would be set off tomorrow, august 20th. on monday, the first day of school, the district superintendent sent a letter advising parents of the threat and the security devices they're taking. it will be a business as usual school day but certainly the parents of the nearly 400 students who attend here will now be on high alert. in addition to the watchful eyes and ears of parents and the usual officers assigned to this campus, there will also be extra police

kristen. >> frances, thanks a lot. >> as summer draws to a close we all consider what needs to be done including cleaning out the gutters to get ready for the stormy season. >> cleaning gutters isn't just a nasty job. working on a ladder can be take russ. 200,000 people land in e.r.'s with ladder-related injuries. >> gutter guards that promise to free you from climbing up to clean those gutters. >> installing gutter guards on your home is supposed to spare you the hassle of cleaning your gutters. professional installer sayless without guards you can run into trouble. >> gutters clog, they overflow. you don't have them cleaned now, you're ruining the siding on the building. you got water in the basement. >> hooked up hoses and pipes to simulate different amounts of rainfall. outdoors for more than a year. there were several times. >> we had a surface tension pipe which is really a cover. this laws the water to follow the surface and go into the gutter and the debris falls to the ground and doesn't get in the gutter. >>

eric, kristen? >> megan, thank you. 5:53 now. >> the bears hit the stock market and movie ticket sales tumble. >> good morning. you're not the only one finding it easier to get a seat at the movies. summer movie ticket sales at their lowest level since 1997. that's because there aren't enough exciting movies to draw to the theaters. hollywood studios and theater owners, they're pocketing record revenue even with fewer tickets being sold. meantime might be harder to buy cough syrup. panels are going to meet to consider whether to restrict robe sus seen and johnson and johns johns johns johnson cough medicine. offering shots for free if you buy $30 worth of products from proctor and gamble. latest report on prices coming as sales tumble now that the tax credits ended. stocks dropped yesterday. that extended loss for the dow and s & p to more than 4% for august. hewlett-packard agreed to pay $55 million it overbuild the u.s. government, the government earlier settling former allegations involving ibm a

kristen, good morning. >> reporter: hey, good morning, lynn. at this point we were supposed to at least be close to the start of that so-called static kill, but they found a hydraulic leak as they were about to do that last key test, so now they have to fix that before they can move forward with the kill. one mile beneath the surface, one more delay. crews hope to fix a hydraulic leak today to get back to the business of sealing the well. if they're able to do that and complete one more key test, heavy mud will begin pumping through the blowout preventer, choking the macondo well from the top down. >> what you want is the pressure to slowly decrease until it becomes zero in the well. that means the amount of mud is equal to the pressure being pushed up. >> reporter: if it works, it could be all that's needed, and a relief well would only be used to verify that and give an extra measure of mud and cement from the bottom. but an end to the well is hardly an end to the story. government scientists now estimate the crude flowed at a rate of 62,000

. >> i'm kristen sze. today county supervisors in the east bay and south bay will begin considering legislation that will force pitbull owners in their communities to have pets spayed or neutered. both triggered by the mauling death of a two-year-old concord boy. theresa garcia is live in our san jose bureau with more. >> this morning the board of supervisors of both santa clara and contra costa county will consider this pit-bull related ordinance and could be shaped from a 2006 san francisco law that followed the mauling death of a 12-year-old boy there. this morning the counties will be considering this new law that's being proposed, and it would require all pitbull type dogs in the unincorporated areas to be spayed or neutered. the hope is the mandatory requirement would reduce overbreeding of pitbull and pit mix dogs plus reduce possible aggressive behavior. there are opponents and what they're saying targeting specific breeds is an infective solution and dog training and owner education is what's need

. >> and kristen sze. we have developing news from oakland where police have broken up a bill illegal marijuana growing operation and managed to bust two burglars in the process. it all started just after midnight when police were called to a restaurant on east 12th street on reports of a burglary. when officers arrived they found two people throwing bags of marijuana out of a second-floor window. the site above the restaurant was apparently housing a large pot-growing operation. police arrested the two burglary suspects and are in the process of confiscating what they say are at least 100 pot plants along with equipment used to grow it. police say the same location was an illegal grow house two years ago. investigators are now looking for the growers. >> stories hope to learn more after a plane registered out of sunnyvale crashed and burned in colorado killing all three people on board. authorities haven't release the the victims' name yet. the federal aviation administration says the plane is a beach bon

. >> i'm kristen sze. we're learning more about a driver who's being blamed for five separate crashes in danville yesterday morning. the suspect is a younger brother of giants outfielder. >> this mangled bicycle brought the danville police department with the result of the driver blazing through town with apparently no regard for people or property. >> all of a sudden i see stuff flying everywhere through dust and some tire screeching. about 30 seconds later i hear the tires screech again. >> not only did the driver hit a cyclist but a pedestrian standing in a bicycle lane. the suspect identified a 23-year-old canen sheerhold never stopped to check on his victim. instead he continued driving erraticcally ultimately collided with two vehicles and a light pole. jane joyce saw the truck speeding through the neighborhood. this horrifying drive ended in front of her house. that's where two witnesses blocked the truck from leaving a dead ends street. >> he stopped, ran up and said get out of the car. what's the

i'm eric thomas. >> i'm kristen sze. topping our news, one woman is dead and four other people are injured after not one but two separate shootings outside popular san francisco nightclubs overnight. terry mcsweeney is live at the scene of the second shooting. terry? >> that green light you can see down the street here on fullsome street is 1015 fullsome street. this morning right around closing time, shortly before 2 a.m. a couple women came out of that nightclub, came up the street, went down the alley right over here at columbia and were shot. i was talking to police a short time ago. the women, you can see this video, were taken to the hospital. according to police their condition is unknown. police cannot say if in fact the shooting has anything to do with 15015 fullsome street. the women were well-dressed. witnesses reported that to us. also they say that a lot of the people who go to that nightclub park down this alley and that is apparently where the women were parked. the nightclub is described as a four-level u

. >> i'm kristen sze. we continue to follow developing news from oakland where police have broken up a big illegal marijuana growing operation and managed to bust two suspected burglars in the process. they started after midnight when police were called to a restaurant on east 12th street on reports of a burglary. when officers got there, they found two people throwing bags and bags of marijuana out of the second-floor window. the site above the restaurant was apparently housing a large pot-growing operation. police arrested the two burglary suspects and are in the process of now confiscating what they say are at least 100 pot plants along with equipment used to grow it. police say the exact location was busted as an illegal grow house two years ago. investigators are now looking for the growers. >> today could be a critical day in the battle over same sex marriage. a critical ruling that could determine if same sex couples can get married could be as early as this afternoon and could be a flood of marriag

eric, kristen. >> megan, thanks a lot. it's 5:09. >> filling your gas tank could leave you extra for a cup of coffee. not starbucks though. >> jerry brown files against the lawyer you may have seen on tv. coming up the allegations against her. >> a new internet scandal emerges. what you need to watch out for stress gone. mind sharp. because unisom gave you deep restful sleep all night. morning early birds. unisom. good night. good morning. >> closed captioning brought to you by mancini sleepworld. >> it's 5:12. good morning, everyone. a new school year could mean new parking problems for parents, students and teachers at high schools in los gatos. the city council will ban parking during the school day on neighborhood streets around mountain view high and los gatos high. the ban would affect everyone, even neighbors from 8:00 in the morning until 2:00 in the afternoon. residents say they're tired of people using their neighborhoods as parking lots. >> self-proclaimed taxer ronnie deutsche has been accused of fraud. attorne

. >> i'm kristen sze. supporters and opponents of gay marriage across the nation are eagerly waiting for the release of a ruling on whether voter approved ban on same sex unions is constitutional. terry mcsweeney is live at the federal courthouse. terry? >> this decision has been months in the works. whatever the decision is going to be appealed to an appeals court and then eventually to be decided by the united states supreme court. a federal judge vaughan walker here in san francisco's going to be posting his decision between 1:00 and 3:00 this afternoon. this follows a january trial challenging proposition 8, finding marriage between a man and a woman. it was approved by california voters. closing arguments were a couple months ago. two same-sex couples challenged the decision of proposition 8 with renowned attorneys representing them. they say proposition 8 violates gays and lesbians' rights to equality under the u.s. constitution. prop 8 supporters say marriage has always been between a man and a woma

i'm kristen sze. >> i'm eric thomas. this is the day both sides in the battle over same sex marriage in california has been waiting for. a federal judge in san francisco will rule today on whether the voter-approved ban on same sex marriage in this state is constitutional. terry mcsweeney is live in san francisco with a preview. terry? >> yeah. california's same sex marriage is on trial and today sometime between 1:00 and 3:00 this afternoon judge vaughan walker is going to release his decision, his verdict on this trial. now, it is an important decision but it is not the final decision on same sex marriage. judge walker heard evidence in this non-jury trial back in january. closing arguments were in june and here we are in august. he's going to be announcing his decision today. the federal trial has two same sex couples battling sponsors of proposition 8. the couples say the voter-approved ban violates their right to equal treatment. supporters say it is a reasonable way to protect traditional marriage and better for ch

. >> i'm kristen sze. topping our news, while you slept, a flight from australia returned for an emergency landing after a engine blew a massive hole. >> the 747 with hundreds of people on board took off from here about 11:10 last night en route to sidney. 45 minutes later it was back here at sfo and looking very different. take a look at some pictures of what happened to the 474, a huge hole in engine number 1. one of four engines on the 747. passengers say they were about 45 minutes out over the pacific when they heard what they described as a thud. that was all about a gaping hole in the engine and the engine housing. it wasn't the thud that frightened some passengers. it was what happened next. >> sittin' on the plane. and a thud. i just turned to my right and i could see a stream of sparks flying out from the foot of the plane. obviously one of the engines. >> people sitting on the jetliner say there were sparks on the engine. the captain got on the p.a. and said we have a problem. we're going to be h

eric, kristen. >> megan, thanks a lot. no road work does make for a good morning. >> it does. 4:39 now. a major new bike path is ready to open in the north bay. just one problem. still ahead, the hitch the state budget crisis is growing in the final construction. >> an ambitious plan to ease congestion on a stretch of one of san francisco's busiest streets seems to be working. >> which of these you want some fiber one honey clusters? yeah. you must really care about him. what? no, no. you gave him fiber. no she didn't. this tastes way too good to be fiber. they're delicious crunchy clusters with sweet honey and half a day's worth of fiber. you care about my fiber? not really. i care about youfiber too. i have for while. ok, carl. why don't you care about her fiber? hey carl. [ male announcer ] fiber one. cardboard no. delicious yes. ♪ ¿por que no probamos esto? [ male announcer ] old el paso. a special blend of seasoning for especially delicious tacos. feed your fiesta. go-gurt is specially made to freeze and thaw by lu

terry, kristen. >> thanks a lot. it's 5:18. >> still ahead, san jose firefighters go beyond the call of duty to help an elementary school destroyed in a fire. >> a heated exchange between white house party crasher mick kale salahi and talk show host whoopie goldberg. ♪ [ female announcer ] wake up to black silk from folgers. bold flavor. exceptionally smooth. >>> it's 5:21. accounts of what happened yesterday backstage between white house party crasher mick kale salahi and talk show host whoopie goldberg. whoopie after an interview apparently she was not a part of that interview but wanted salahi to talk about the night of the white house state dinner. after the show backstage, the two got into a heated exchange. salahi had accused whoopie of actually hitting her. if you want to catch "the view" today, it airs at 10:00 this morning. >> people want to see what happened backstage. no video on that. the fire station that responded to last month's blaze at trace elementary is going beyond the call of duty to help the s