thanks for joining us i'm kristen sze. and i'm katie marzullo in for eric thomas. update on news in petaluma. a 16-year-old american canyon teenager died in the deadly hit-and-run crash early this morning. the chp says the driver of the truck he collided with left

the scene of the crash and may be injured. we told but this at 4:30. the crash happened at lakeville road and old lakeville road after midnight. officers immediately found the teenaged driver dead at the scene they are talking to witnesses about the second driver, hoping to get some sort of description. dark battle over the painter of light. this morning the wife and widow of the late american artist thomas kincade will face off in court to see who gets to control the vast fortune he left. amy hollyfield is live at the courthouse in san jose. >> reporter: a judge will have to decide between the girlfriend and estranged wife. there's a lot at stake. his estate was worth 60 million dollars. amy pinto claims she and thomas kincade were deeply in love and they planned to get married and that he left her millions of dollars and property. she found kincade's body, he died in april after taking too much valium and drinking

alcohol. his wife of nearly 30 years wants full control of the estate. she and kincade were legally separated the last two years. she has called pinto a gold-digger. pinto says, she has a handwritten will that gives her kincade's home and studio and 10 million dollars, with instructions to create aiken cade museum. the ill will between the women runs deep pinto was not even invited to kincade's memorial service or his burial. she says she believes she has an obligation to kincade and his fans. she was told to establish a museum that was an important part of his life, important to him and she intends to see his wishes carried out. today the judge is expected to decide who will be in charge of this estate, which is estimated to be worth about 60 million dollars. amy hollyfield, abc7 news. in san jose, closing

arguments expected today in the case of a man accused of beating a priest who he says molested him as a trial. he took the stand friday. he told jurors that father gerald lindner sexually assaulted him and his younger brother in 1974. lynch said in may of 2010 he tried to force lindner to sign a piece of paper confessing. he admits ended upbeating lindner. lindner denied molesting lynch. the judge struck his testimony from the record after the retired priest refused to any any more questions. last thursday a man call the sheriff and said he had been assaulted earlier in the week after leaving a gay bar. the man said it happened on 3rd street downtown and at least one attacker used and tie gay threats and slurs. -- and tie gay threats and

slurs. today could mark a major mile stein for struggling homeowners in california, california will become the first state to write into law much of the mortgage settlement negotiated this year with the top five banks if state lawmakers approve the legislation today. democrats say they have the vote. homeowner protection package requires large lenders to give homeowners a single contact person to dust modifications, prohibits foreclosures while alternatives are being considered and allows homeowners to sue to stop foreclosures >> this morning your commute maybe costing more. several transit agencies increased fares with the start of the new physical -- fist can't year yesterday

. it will cost some drivers more to cross bridges. tolls increased for big trucks and rv's with more than two axles. tolls for most cars and light trucks have not changed. muni riders will notice another change. muni the first transit agency in the nation to begin all-door boarding. it has been policy for years on the light rail lines. now buses and street cars join the party. muni customers with valid proof of payment can board at any door the aim is to reduce boarding time. >> critical vote expected this week on california's high speed rail line. governor brown is asking law maybers to authorize 2.7

billion dollars in state funds for construction on the first stretch from madeira to bakersfield. it faces a difficult vote in the senate. muni officials say san francisco's subway project is going forward despite a house vote to yarn 850 million dollars in federal funds. the project that connects the muni metro third street t-line underground to chinatown has received 130 million dollars from the federal government. the house passed an amendment friday to strip project funs from the transportation bill. the -- funds from the transportation bill. the examiner reports muni says similar amendments have been introduced in the past without success. spokesman for end for boxer says the house measure -- for senator boxer says the house measure would not hinder -- >> apple has agreed to pay 60 million dollars to settle a

dispute over ownership of the ipad name. apple said it blocked rights to use the name in china in 2009. chinese authorities say ownership was never transfered. china is apple's second largest market following the u.s. and the source of much of the cupertino-based company's sales growth. terrific news for inventors and entrepreneurs in the silicon valley coming from washington. the commerce department will announce it is awarding a satellite patent office to san jose. silicon valley long known as ground zero for innovation and home to cutting-edge technology companies. >> when you think of it, 20 few% of all the patents in america come from silicon val having an office here is really going to make a difference for our technology people. instead of going to virginia to file a patent or talk to

patent examiners you will be able to come here in the valley. >> offices are also being built in denver and dallas ft. worth. mike are you ready for a warm-up. >> no heatwaves mike. >> that is all going to stay to the east of us, mildest weather along the west coast. good morning here's live doppler you see how quiet. >> visibility unlimited until you get to the coast where clouds are thickest. that's why half moon bay has a three mile visible. mostly cloudy through 7:00, mid to upper 50s. noon still in the upper 50s at the coast, upper 60s bay, mid 70s inland comfortable with increasing sun most of the us sunny away from the coast by 4:00. 80 inland. 70 at 7:00 inland, 64 around the bay and 59 with clouds

gathering at the coast you may need a light jacket during the evening. mold has dropped to moderate we still have tree, ragweed high and grass pollen very high. next three days you can see a slow warming trend today, tomorrow, wednesday and temperatures taper by two to few degrees thursday. going live to the san mateo bridge taillights headed towards foster city towards the highrise no issues heading from hayward towards the peninsula this is through san rafael southbound 101, marin county fair in session later today they have their fireworks 8:30 at night traffic is very, very crowded around the civic center any time after those fireworks. right now traffic flowing smoothly through marin into the golden gate bridge. bay bridge no problems into san francisco metering lights

off. some people taking a long holiday weekend or if next weekend is the long weekend? we'll keep following that pattern. problems in petaluma overnight fatal accident under investigation, one-way traffic control at lakeville highway and old lakeville road. southbound 101 past coyote creek golf road bus blocking right lane. accident northbound 101 san antonio road off-ramp with accident blocking left lane. 5:11. americans are getting a holiday break at the gas pumps. the money report is next. markets overseas posting strong gains. the question, will wall street follow up on friday's huge closing?

>> closed captioning brought to you by mancini sleepworld. good morning. holiday break at the pump, national average is now $3.33 down nine cents in a week. chairman of major bank stepping down head of british-based bark clays resigning less than a -- clark resigning less than a week -- at the weekend box office the foul-mouthed teddy bear took in more than 50 million dollars. magic mike was second with 39 million dollars.

that america's money i'm rob nelson. 5:14. overseas markets making further gains as investors continue to cheer europe's latest efforts to deal with the debt crisis. overnight trading in asia saw some markets trading higher. hong kong stock market was closed for holiday. trading in european exchanges are seeing gains this morning. wall street futures are poised for a positive open later this morning after the dow rose 277 points on friday. travel website orbitz defending the practice of offering pricier hotels to mac-users the check executive tells the "l.a. times"s it is one of many factors that determine which hotels to recommend to a customer as part of an effort to show customers the most relevant hotels possible. he says data collected shows mac-users were 40% for likely to book four or five star

hotels. restaurants looking for loopholes on the new ban on foie gras starting today it is illegal to make or sell in california. violators face a $1,000 fine. now one san francisco restaurant is considering a way to serve it for free. that's not illegal. charging own for expensive toast points that come with the foie gras. foie gras is made by force-feeding animals to make their lives grow bigger as seen in this undercover video on ginned by the abc7 news i-team. the report triggered a bill that led to the ban. doctors say a texas graduate student is stable enough for doctors to stitch the wounds and set the fractures suffered in a chimpanzee attack in south africa. the question is why the 26-year-old was close enough to the chimps for them to attack? witnesses say this week he crossed a small fence meant to keep people at a safe distance then he either stepped on or

kicked at a rock ing the chimps to grab his -- enabling the chimps to grab his foot >> he was struggling not to be pulled into the enclosure. as far as we can tell he was not dragged in all the way, partially lodged underneath the fence. >> he was pummeled in what may have been a case of the monkeys testifieding territory. one witness says he may have been trying tyke a from a chimp. unclear whether two runners vying for a spot in the olympics will take part in a planned run-off in oregon tonight a person familiar with the situation says a sprint reconsidering her decision to take part nay run-off against training partner. you may remember the sprinters had a photo finish tied for

third place in their olympic trials last week and agreed to settle with it a run-off today. the winner would earn the last spot in the event to the london games. we'll keep you posted on that. my little pony drew founds to new jersey this weekend. -- drew thousands to new jersey this weekend. we are talking 4,000 men some in brightly colored costumes attended -- they say there is nothing weird about their love for the show they are fans because of grey stories, characters and animation. -- because of great stories, characters and animation. adult male mike nicco joining us now. [ talking over each other ] nice weather. normal weather, here's a look at some of theuuuuuuuuuuuuuuuuuu

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