live from the kgo-tv broadcast center this is abc7 news. >> good morning, i am eric total. >> i am kristen sze. we are waiting for a special report on a news conference, the last of the year, schedule by the president. we will interrupt the newscast when that happens. >> in the news right now, happening now, the family of a brain dead 8th grader took the step, the first legal step, to keeping her on life support with a request for a restraining order against children's hospital. katie marzullo is in berkeley

with more. >> i was with the attorney and the jamie, jahi mcmath's mother and uncle while they sorted all of this out. the paperwork has been filed and it has been e-mailed to the hospital. next step, the family and children's hospital oakland will have a hearing in front of a judge scheduled for this afternoon. that judge will decide if the family can keep the 13-year-old, jahi mcmath, on a ventilator. she suffered a cardiac arrest after tonsil surgery last week. doctors have said that she has no brain activity. here is what the family wants right now. >> these are basically trying to get orders for the good and welfare of the child. that includes restraining order to prevent them from pulling the plug on the ventilator. to have them put in the tubes, to allow an independent physician to come in and country an examination. to obtain the medical records so they can be seen by somebody else, and to otherwise move this

child back in the direction of life rather than death. >> we want to thank all of the supporters praying for us. keep the prayers coming. we are going to keep fighting. >> fed's hearing is scheduled for 1:30 this afternoon in civil court. it could be the first time we hear from children's hospital. until now they have not been able to speak publicly on the case because of privacy issues. san francisco police are vetting a fatal accident in the tenderloin this morning. a garbage truck backed into an elderly man, killing him. our reporter is on the scene at jones. sergio? >> this happened this morning just before 8:00. this is right where it happened. the man stepped off the sidewalk and this was a truck that was backing up over here, the garbage truck. police in the investigation actually have some good stuff to

work with because there is a surveillance camera over the door of the stunt which will be a key piece of evidence in this investigation. according to the owner of that business, whose store camera captured this, the ecology truck was backing up and the pedestrian was walking up the street and hit by the truck in reverse. police conducted their investigation. they trying to figure out if the pedestrian could hear the truck that was backing up. >> it is supposed to have a beeper and our investigation will be to inspect all mechanical systems on the vehicle. >> our thoughts go out to the family members of the deceased. we are fully cooperating with the police investigation. we take safety very, very seriously. we have safety officers on the scene. >> there have been a series of fatal accidents involving ecology trucks and this is the third in san francisco this

year. this may in the mission district of 21-year-old bicyclist was camed when he was hit and dragged. last month, on friday, a woman was entering the freeway off of 7th street and a truck hit her vehicle and she was killed in that incident as well. thanks. oakland police are looking for the shooter who wounded a woman near lake merritt this morning a brock away from the courthouse. the victim is hospitalized in stable condition. there is no word on a motive or if there are suspects. >> san jose police are at the scene of a two vehicle crash when four people were injured as s.u.v. ended up in the side of a home. the driver was trapped and had to be reoffed from the vehicle. no word on the condition of the injured. >> another march is planned in santa rosa over the shooting death of 13-year-old andy lopez.

protesters will hold a community march this afternoon at 4:00 outside santa rosa city hall. an angry protest last week resulted in several arrests, including one man authorities say attacked police. andy lopez supporters are upset that deputy erick gelhaus is on the job after the fatal shooting. >> bay area stores are trying to compete with an the clock convenience of holiday shopping on the web and some are planning to be open continuously until christmas eve. amy hollyfield is in one of them, the kohl's in pleasant hill. >> welcome to the new world of shopping. this season was the earliest it got started with stores open on thanksgiving day and now if you want to come at 2:00 in the morning, it will be open. kohl's is open now until christmas eve. it is not going to close their doors. other stores are also doing this including macy's toys 'r us so the stores will be open for 108

hours. employees are trying to make the best of it. they are saying they are going to try to make it fun and do what they can. some shoppers told us they feel a little sorry for the employees. a woman doesn't think this crosses the line. she things thanksgiving day does but this is good for last minute shoppers. the stores doing this for the consumers, that the consumers lost six days of shopping because of thanksgiving day being so late but they are doing it for the bottom line. sales are up only 2 percent compared to last year considered modest growth, somewhat of a disappointment. part of that is because they are discounting so deeply, so early throughout the season. an interesting situation the stores have created for themselves and now they will try to pull off a big win and be open, this store, will be open for 108 straight hours.

>> this morning, target is facing the first lawsuit over a huge security breach that may have left 40 million shoppers exposed to identity theft. the case was filed in san francisco federal court yesterday hours after target acknowledged the hacking. bloom business reports a lawyer is ready to represent other customers in a class action lawsuit saying target failed to maintain reasonable security procedures and implement them. they have not responded to the suit and says hackers store information when shoppers swiped their cards between november 27 and december 15. >> thousands of kids in san jose will get something special under the tree this year, thanks to a local charity. but many more still need your help to have a merry christmas. matt keller is at sacred heart community service where the toy distribution is underway. matt? >> yes, people are stepping up this morning. check out the lineup of cars. people are dropping off more

toys. sacred heart community service was 3,000 toys short of the goal of 18,000 toys, but people have been coming in and now they need 2,000 toys. >> the toy box program is an annual holiday tradition at sacred heart community service in san jose. the charity is transformed interest a toy land separated by age and sex. they can pick up a new toy. >> we were able to get football and ice hockey stuff. it is a last fun. another tradition in san jose appears to be the rising housing costs. rents have risen 10 percent or more for many people. as a result of that, a record 6,000 kids are signed up for the toy distribution. we want to make sure that people stay in their homes, pay their utility bills, make a nice warm safe place for their children and that is why we want to help

them out to give them a christmas at this point. >> we live in a mobile homework and we always have our rents going up. >> patricia is hopping if four kids, ages five, ten, 14, and 15. she is grateful programs like this are available for a family this christmas. >> it is wonderful. it has been tough so it is a blessing. sacred heart is giving up 500 limits but they are raffling them off. the toy distribution is taking place over two days. half the families are going today. the other half are going on monday. >> facebook joins the s&p 500 after the markets closed today moving to the s&p 500 means were facebook joins companies with market values over $4 billion. together, they are meant to provide a snapshot of the united states economy. facebook is offering 70 million class a stock some coming from the stash of

zuckerberg's shares and he will net $1 belt. he will buy class b shares that carry more votes. >> we are standing by for president obama's end of the year news conference. >> how the "duck dynasty" extends far beyond the robertson clan with his followers. >> and remember this viral video, the san francisco doctor dancing in the o.r. before she had a double mastectomy and beyonce pulls out all the shops. >> there is a little bit of haze but our meteorologist mike nicco is checking the forecast and has the

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the suspension of "duck dynasty" payment dark is drawing more backlash and is threatening to walk off the show as a family, they said we cannot imagine the show going forward without our patriarch. he compared gays do terrorists and said african-americans were better off in the days of jim crow. >> it hurt as lot of people to say things like that. >> keep it to himself. >> i don't necessarily grow with his viewpoint but i will stand

behind his right to say it as long as i live because that is america. >> the show's biggest sponsor is pledging continued support. more than a million people on facebook are also standing by robertson. >> new this morning, a dancing doctor from san francisco got a special gift on "good morning america" after the video got millions of view on youtube. >> a month ago doctor cohan held a dance party in the operating room to beyonce's get me bodied song before a double mastectomy and the singer reported "deborah, you are awesome." and amy robach presented something. >> we have a gift for you. two tickets. to beyonce. i encourage women about to walk in. o.r. watch her video first, so

you do not have to let fear dictate and we do have the power to take control over cancer. >> she says she feels great and even showd off her dance moves. he says she is healing quickly and considers dancing her medicine. >> mike nicco is ahead with our forecast enjoying it on the roof. >> we are dancing in sunshine if you are outside today. america, everyone, there is a bit of haze developing but there is clean air. i will tell you when we could have the next pair spare day and how much longer the warmer-than-average temperatures and dry weather will last in the seven-day forecast. >> where there was just enough snow for a miniature snowman to be built this morning. >> plus, what is in a name? the san francisco zoo shares the name and meaning of the newly named

a presidential news conference. now reporting, george stephanopoulos. hello, everyone, we're coming into the end of the year for president obama's final press conference. it's been an annual tradition. the president heading off to hawaii for a christmas break with his family. he needs a good break, it's fair to say. it's been a tough one. the tough questions on the agenda. the nsa program challenged by the reports. even though the website is a bit better after the disastrous health care launch, it's still

under fire. jon karl is in the white house. jon, all of these setbacks has taken a toll on the president's standing with the public. >> reporter: no question about that. poll after poll we've seen his approval rating hit the lowest level. more western concerning, the majority of americans think the president is not honest or trust worthy, don't think he's a strong leader. but there is been some improvements. the healthcare website is up and running for the most part. there's bridger of a budget passed on capitol hill. they're hoping 2014 will be betterer but make no mistake the last press conference is coming after the toughest year of the barack obama presidency. >> no question about that. one of the questions the president will face as well is whether he faces some recommendations for the reform of the surveillance program.

he appointed a panel yesterday. whether or not the bipartisan report is a sign of progress or one off. there are already some signs that there could be a big confrontation over the debt limit. when that's hit again, the prize will be heading to hawaii just a little from now, after the press conference is set to fly fly out early this evening with his family. last year's vacation was interrupted. there was a confrontation with the congress over tax cuts after the president's election in november 2012 that had the president cut short his vacation, had to come back on new year's eve to sign that law into effect, right at the beginning of the year. that was a sign of how difficult of a year it would be for the president. of course, the year also saw a 16-day government shutdown. during that confrontation with the congress, the president's approval ratings rose, those in congress fell. it's also been a tough year for the congress.

the least productive since 1947 but right after the government reopened, all of those problems with the obamacare website revealed. it's taken the white house up to two months to get that running and up to speed even though earlier today there was a bit of a hiccup. the health care website was down again for some time and back up right now, important that it's up now, because the deadline before the end of the year hits monday. here's the president now. good afternoon, everybody. i know you are all eager to skip down, and spend some time with your families. not surprisingly, i am, too. but, you know what they say, the most wonderful press conference of the year, right now. i am eager to take your questions. first i want to say a few words about our economy. in 2013 our businesses created another 2 million job, adding up

to more than 8 million, in just over the past 45 months. this morning, we learned that over the summer, our economy grew at its strongest pace in nearly two years. the unemployment rate has steadily fallen to the slowest point in five years. our tax code is fair. and our fiscal situation is firmer, with deficits that are now less than half of what they were when i took office. for the first time in nearly two decades, we now produce more oil here at home than we buy from the rest of the world and our all of the above strategy for new morn energy is lower energy costs. the affordable care act helps keep health care growing at the slowest rate in 50 years and that means bigger savings for families and businesses looking to invest here in america. and for all of the challenges

that we've had and all of the challenges we've been working on diligently in dealing with both the aca and the website these couple months, more than $500,000 million americans have been enrolled in the first three weebs of december alone. in california, the state operating its own marketplace. more than 15,000 americans are enrolling every p single day. and in the federal website, tens of thousand are enrolling every single day. since october 1st, more than 1 million americans have selected new federal and state health insurance plans through the federal and state marketplaces. so millions of americans despite the problems with the website are poised to be covered with quality, affordable health insurance come new year's day, there holiday season, there's fathers, mothers, workers and entrepreneurs have something to celebrate, the security of knowing the unexpected or

misfortune strikes hardship no longer has to. you add all of that up, it means we head into next year with an economy that is stronger than it was when we started the year. more persons aamericans are fin. and experiencing a paycheck. our businesses positioned for new growth and new jobs. i firmly believe that 2014 could be a break-through year for america. but, as i outlined in detail earlier this month, we all know there's a lot more than we have to do to restore opportunity and broad-based growth for every american and that's going to require some action. it's a good start that earlier this week, for the first time in years, both parties, in both houses of congress, came together to pass a budget. that unwinds some of the damaging sequestered cuts that created head winds for our economy. it clears the path for businesses and investments that

we need to face the middle class. and it means american people wouldn't be exposed to the threat of another reckless shutdown every few moss. that's a good thing. it's probably too early to declare an outbreak of bye partisanship, but it's also fair to say that we're not con dwemed to endless grid lock. there are areas where we can work together. i believe that work should begin with something that republicans and congress should have done before leaving town this week and that's restoring the temporary insurance that helps folks make ends meet when they are looking for a job. because congress didn't act, more than 1 million of their constituents will lose a vital economic lifeline at christmas time, leaving a lot of job-seekers without any source of income at all. i think we're a better country than that. we don't abandon each other when times are tough. keep in mind, unemployment insurance only goes to folks who

are actively looking for work. a mom who needs help feeding her kipds when she sends out her resume or a dad who needs help paying the rent while working parttime and still learning the skills he needs for that new job. so, when congress comes back to work, their first order of business should be making this right. i know a bye partisan group is working on a three-month extense of insurance, they should pass it, and i'll sign it right away. let me repeat. i think 2014 needs to be a year of action. we've got work to do to create more good jobs to help more americans earn the skills and education they need to do those jobs and make sure those jobs offer the wages and benefits that let families feel a little bit of financial security. we still have the task of finishing the fix on our broken immigration system. we've got to build on the progress we've painstakingly

made the last five years, with respect to the economy and offer the middle class and those looking to join the middle class a better opportunity. that's where i'll focus all of my efforts in the year ahead. and let me conclude by saying, just as we're strengthening our position here at home, we're also standing up for our interests around the world. this year, we've demonstrated that we're clear-eyed principle diplomacy, we can pursue more paths to a world that's more secure, a future where iran does not build a nuclear weapon. a future where syria's chemical weapons stockpiles are destroyed. by the end of next year the war in afghanistan will bow over and we've ended the war in iraq and we'll continue to bring our troops home and we remain vij tant to protect our homeland and

men and women overseas from terrorist attacks. unfortunately a lot of men and women are still overseas, and in some ways still in harm's way. i want to say to them and to their families back home, we want to thank you. your country stands united in supporting you, and being grateful for your service and sacrifice. we will keep you in our thoughts and in our prayers during this season of hope. so, before i wish a merry christmas to all and to all a good night, i will take some questions. jay prepared a list of who is naughty and nice, so we'll see who made it. julie must be nice. julie pace? >> reporter: thank you, mr. president, despite the data points you cited in your opening statement, when you look back at this year, very little of your agenda you outlined in inaugural address you achieved. health care rollout had huge

problems and ratings are at historic los. when you put this all together, has this been the worst year of your presidency? >> i got to tell you, julie, that's not how i think about it, i have now been in office five years. close to five years. i was running for president for two years before that. and for those of you who covered me during that time, we have had ups, and we have had downs. i think this room has probably recorded at least 15 near-death experiences, and what i've been focused on each and every day is, are we moving the ball and helping the american people, families have more opportunity, have a little more security. to feel as if they work hard, they can get ahead. and if i look at this past year,

there are areas where there obviously have been some frustrations, where i wish congress has been more aggressive. you know, not passing background checks in the wake of newtown is something that i continue to believe is a mistake, but then i also look at because of the debate that occurred, all of the work that's been done at state levels to increase gun safety and to make sure that we don't see tragedies like that happen again. there's a lot of focus on legislative activity at the congressional level, but even when congress doesn't move on things they should move on, there are a whole bunch of things that we're still doing, so we don't always get attention for it, but the connect ed program that we announced, where we're going to be initiating wireless capacity, in every classroom in america, well make a huge difference for kids all

across this country and for teachers. a manufacturing hub that we set up in youngstown, something i talked about during the state of the union, is going to create innovation and connect universities, manufacturers, job training, to help create a renaissance, build on the renaissance that we're seeing in the manufacture. when it comes to energy, this year is going to be the first year in a very long time where we're producing more oil and natural gas here in this country than we're importing. that's a big deal. so, i understand the points that you're getting at, julie, which is that a of our legislative initiatives in congress, have not moved forward as rapidly acid' liked. i completely understand that,

which means that i'm going to keep at it. and if you look at, for example, immigration reform, it's probably the biggest thing that i wanted to get done this year, we saw progress. it passed the senate with a strong bipartisan vote. there are indications in the house that even though it did not get completed this year, that there is a commitment on the part of the speaker to try to move forward legislation early next year, and the fact that it didn't hit the time line that i prefer, is obviously frustrating, but it's not something that i end up rooting a lot about. >> it's not just your legislative agenda. you look at americans, they seem to have lost confidence in you, trust in your, your credibility had taken a hit. the health care law has been a part of that. do you understand they changed your view of you this