it would also ban kits. >> survivors and family members of the victims of the colorado theater massacre are warned they could have the prosecutions expect an overflow crowd when they outline the case against the accuser of the shooting rampage that left 12 people dead at a showing of the latest batman movie in july. lawyers will show gruesome evidence that has been withheld until now because of a judge's gag order. the hearing is expected to last a week. >> new this morning, abc news has learned president obama will nominate former republican senator chuck hagel as the next secretary of defense today. the president is expected to make the nomination official this morning at 10:00 our time confirming the 66-year-old hagel to replace panetta. that could be a browsing fight. hagel is a decorated veteran, who also served in the senate from the late 1990's to 2008. the president is expected to name counterterrorism advisor john brennan to lead the c.i.a.

>> it is 4:36. federal regulators are expected to announce a $10 billion foreclosure settlement with banks. "new york times" reports that 14 banks have agreed to the deal providing $6 billion to help homeowners endanger of losing homes and $3.75 billion provides cash relief to americans who dealt with foreclosure in 2009 and to 10. >> pucks will drop again this week now that the national hockey league and the players have reached a deal to end a lockout. the agreement means that the sharks fans could see the team return to the ice in the next few days. merchants get a huge financial boost now that thousands of hungry fans will show up at the pavilion. the final schedule is worked out but will include 50 games and team owners and players still have to ratify the deal. abc7 news reporter will have more on the return of hockey in san jose at the top of the hour. very exciting times for sports

fans, right? >> there was football on tv last week? holy smokes! the championship is on today, and we have national hockey league back when it came this close to the season being canceled so it is good times. is the weather good, too? >> i knew you were leading to that. mike nicco will answer that question. mike? >> good morning, everybody, not so good. tough to get around. livermore is half a mile to quarter mile visibility. and same in napa, and same in santa rose, and there is a thick bit of fog through san ramon. at 32 degrees. i am worried about that area with black ice. look what going on: the store system from yesterday slid do southern california and now going into baja, mexico. the next storm is to the north. we will have clouds today. that is it. a little bit of a warming trend

beginning today and lasting two days. tomorrow. today, it will be warmer, and mid-to-upper 50's and by 7:00 we are back in the low to upper 40's. on tuesday we could crack 60 in many areas around the bay but wednesday we have more clouds and it looks like headed into wednesday and thursday a possibility of a sprinkle or two as the next system comes through but the cooler weather is the big story. enjoy today. >> to san mateo bridge, no fog and light traffic. the peninsula side is looking good. we have a dense fog advisory for the dumbarton bridge. and north 101 road work in the left lane until 5:00. the on-ramp of southbound 101 is closed until 2:00 and the right lane because of road work and here is the fog advisory for both directions of the dumbarton bridge. that is until at least 9:00 this only when the fog lifts.

take care out there. >> our time is 4:39. a car crash is a water rescue in the south bay. next, the desperate efforts to save a driver from the submerged vehicle. >> goodbye, free meter parking on sunday in san francisco. the reaction on day one of a major shift in the city's parking rules. >> first, the tech bytes. >> in tech bides the annual consumer electronic show opens this week in las vegas and it could be the year of the fal let, with samsung note on the market and self more companies are expected to announce a fab let at the show. readers can see more visuals. the word of the year is "hash tag." that was picked over fiscal cliff and 47 percent. the only text on the cover of

newsweek was "hash tag."

>> san mateo and all the bay area, this is abc7 news. >> good morning. 4:42 on monday. hope you had a great weekend. san francisco is locking across the bay toward oakland, crystal clear right here. it is cold. we have fog out there. mike nicco is tracking that for you. and there are fog advisories. >> new this morning, the alameda family coroner identified a man killed running across a busy oakland freeway. a 44-year-old behind a wheel hit the center divider of i-880 and after the crash, he got out of the car and tried to cross the freeway on foot and he was then

hit by at least two passing cars, all northbound traffic was diverted at 66 avenue for almost two hours. all lanes re-opened just before 10:00. >> emergency crews in san jose launched a water rescue to try to save a woman would drove her car into a pond between highway 85 and almaden expressway in san jose. our reporter was there. >> the officers were told the car was going crash when it crashed in the water. the woman drives was attempting to get on highway 85, the almaden plaza way but lost control trying to beat the light and she drop through the fence that separated the on-ramp and water. >> an unfortunate situation. a vehicle in a cold important like this at this time of the year and not far in, only 20 yards out, and 8' down. >> a firefighter was the first on the scene and he and two bystanders entered the water in hopes of rescuing her but gave

up. >> because of the visibility in the water, they could not see anything without the proper equipment. >> the sheriff team arrived not long after, and 40 minutes later the divers pulled the body out of water and they performed cpr and continues all the way to the hospital although there was in sign of life. >> there is a possibility of success with drawnings so we treat patients like that until they are warmed. >> they could not revive the woman and she was pronounced dead. >> the chp re-opened a few hours later and the only sign of the accident is this damaged fence. in san jose for abc7 news. >> it is 4:44. san francisco parking officials say most people are getting the word of the end of free parking at meters across the city which began charging for meter parking yesterday. it is not about bringing in more money for the city. they claim drivers have a better chance of getting a space if the

combination of meters and time limits him night the parking on sunday but a driver felt he was being nickeled and dimed. >> i i can understand where san francisco is coming from they need to pay the bills and we need to pay ours but it is inconvenient considering parking is free on sunday. >> not any more. the meters are in force from noon to 6:00 p.m. on sunday and the parking limit is four hours. the city will not issue tickets until the last sunday in january. >> football fever is gripping the area with 49ers divisional playoff tickets on sale hosting green bay packers on saturday at 5:00 p.m. the public of seats available is limited so fans are encouraged to visit nfl ticket exchange to find extra tickets, it is possible more tickets could be made available later because of returns. the tickets are only made

available through ticket master. >> tough call. do you take 49ers or not? >> the weather is looking you all the way to saturday and it is looking good. >> i think so. the weekend ought to be fine. i will map out the forecast. 4:46, and we are looking at what is left of the moon, a beautiful picture as we look down the embarcardero. and live doppler radar shows fog around san francisco this morning. but in precipitation to worry about. just the freezing fog inlistened as temperatures are flirting with the freezing mark and fog is thick. right now the reporting station that is the coldest is napa at 33 and 34 at santa rosa and livermore at 23. most of us in the mid-to-upper 30's. san francisco and fremont and ocean land low-to-mid 40's, and

48 in half moon bay and monterey is 45 and gilroy is 42 and everyone else including santa cruz is 37 degrees. freezing fog and possibility of everyone headed back to school and work so be careful. warmer days are ahead today and tomorrow and colder midweek with a chance of showers wednesday and a better chance on thursday, and even snow is possible in the highest elevation. today, we will touch 60 in napa and santa rosa and clear lake and cloverdale and oakland and to san jose the warmer spots closer to the bay water. upper 50's around monterey bay and inland and mostly sunny-to-partly cloudy. temperatures are up tonight, 39 in santa rose and everyone else in the low-to-mid 40's. the low yesterday pulling away from us and you can see a few high clouds. the systems will be passing to our north as the high and this

high take over keeping the storms away. today, tomorrow, wednesday a chance of sprinkles. thursday is a better chance of showers. thursday night the showers could bring us light dusting of snow. beyond that, friday, saturday, and sunday, low-to-mid 50's. have a great day. >> going live now to san rafael where we are fog free driving past lucas valley road to central san rafael the traffic is light. to the bay bridge no metering lights yet and no problems. we have a fog advisory on the dumbarton bridge. our abc7 traffic app in 685/80 corridor we have fog reported and in livermore and danville, as well. to download this app it is available on apple app store or google play to navigate around your commute each day. kristen and eric?

>> secretary of state, hillary clinton will return to work today for the first time since sidelined by flu, and concussion and blood clot after being admitted to the hospital she found a blood clot in a vein between her skull and vein. >> doctors found the clot during a test related to the concussion. she will attend a meeting with assistant secretary of the state. >> the state department is describing battled syrian president bashar al-assad as "out of touch with reality." in the wake of the first public address in six positives, in front of a support ever crowd he was defiant in the face of demands he step down and vowed to continue to fight the rebels in the civil war that is now two years old. bashar al-assad proposes a peace plan to allow him to stay in power and condemned western and regional support for rebels. >> the fear of a new flu epidemic with the fiercest

outbreak of the flu in a decade is coming to california. what you can do to protect your family. >> a better cup of cocoa. it has nothing to do with

>> good morning, everyone, on abc7 morning news, a monday. the camera toward san francisco you can see a scant chance of, well, a little rain later in the week with mike with the forecast coming up. >> if you do not have a flu shot yet, it is the earliest and fiercest outbreak of the flu in a decade with patients flooding the emergency rooms across the country and hit 41 states and still on the move. more than 2,200 people in the hospital and one of them, or of those, 18 children have died. doctors have not seen this many cases sin the swine flu outbreak in 2009.

>> a thousand degrees and sweating and then four degrees freezing. >> normal volume is 40 patients and we see 75 to 80 patients each day. >> the end of the flu season is five weeks away. to reduce severity, get a flu shot. keep your hands clean and anything they come in contact with such as iphone or a keyboard and boost your immune system by getting enough sleep, exerts, and vitamins. doctors recommend antivirals if your symptoms last longer than a few days. >> we have the rain over the weekend as forecast. what about this week? >> it looks clear. but this morning we have a different problem. >> we do have the fog. and the fact we have temperatures near freezing inland. that is a recipe for black ice. if you are traveling you note the state is quiet with a few showers lingering around san diego and a couple of them trying to push to the north west corner and mostly it will be

quiet today but in the northwest corner where eureka is 49. chico is 60 and sunshine and mid-to-upper 50's in the central valley. in tahoe the snow is over for now at 39. by the time you get to los angeles and san diego the showers will be over at low-to-mid 60's. sue? >> getting word of light snow flurries over the grapevine. it is open but you may have travel delays if you are headed to southern california. north 101 in mountain view reports of an accident that is cleared off to the shoulder. no significant problems here. north 101 up the peninsula from candlestick park will be picked up, and now over to kristen and eric. >> the church for a sky diver continues in washington state

who disappeared after jumping from a helicopter in a special winged suit. the 29-year-old florida man vanished over the foot hits of the cascade mountains east of seattle while wearing a special suit that allowed him to fly like a flying squirrel before deploying parachute. that would happen at 2,000 feet but his freeways never saw the chute open. trackers will try to locate him today using the cell phone signal. >> police want criminal charges filed against some of the teens who took part in a flash mob that turned violent at a shopping mall. you can see chaos in this cell phone video in louisiana. there were 200 teens at a mall and fights broke out and forced evacuation of shoppers frantic parents rushing to the mall looking for their kid. >> been walking the grounds for 30 minutes and i cannot find her. no one has seen her. authorities say no one was seriously hurt but some people

reported minor injuries. >> this valentine's day an asteroid make as close path to earth. they do not believe that it will hit our planet, but the gravitation could draw it toward us according to scientist whose are watching it closely. the asteroid will pass us on february 15th. >> a new poll suggests americans are not aware of all the ways obesity can damage our heart. 70 percent can list heart disease and diabetes but few of those asked in the poll could name other far reaching consequences and they which you cancer, arthritis, especially in the knees, and sleep problems and infertility and high blood pressure and high cholesterol and stroke. >> you want your cup of cocoa to take better it may not need more sugar or chocolate but a change in the mug. the color of it can influence

how good it safeties to you. coe kay served in orange mugs were highest in flavor and those in cream colored cups scored highest for sweetness and smell. which scored the worst? >> well, i see the answer: white. >> maybe we think it is weak when it is sevenned in a white cup. >> the sharks ready to hit the ice now the lock out is over. fans are not the only ones giving a big cheer. >> you are aexcited about the biggest electric tropic in the world about to open in las vegas from fab lets to self driving cars we will show

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>> live from the kgo broadcast center, this is abc7 news. >> good monday morning. hope you had a great weekend. thanks for joining us. i am kristen sze. who is this, pop quiz. >> my name is "pop quiz." >> i am eric thomas. mike nicco has the weather. sir? >> we will start with live doppler 7 hd, good morning, everyone, it is dry as far as radar and any clouds dropping rain. but it is moist. a lot of moisture in the ground releasing that in the form of fog. out to livermore, quarter mile visibility and same in napa and novato and temperatures nearing freezing so black ice could be an issue. this afternoon, breezy along the coast and cloudy