live from the kgo-tv broadcast center this is abc7 news. >> the fate of a brain dead 13-year-old is now in the hands of a neurologist from the peninsula. supporters march at oakland children's hospital to keep the 8th grader on life support. >> good morning, everyone. happening now a judge appointed the independent examiner in a hearing that just wrapped up in alameda county court. stanford neurosurgeon will examine jahi mcmath.

he is director of the center for brain and behavior at stanford. nick? >> this continues to be a developing story. in fact, a crowd of demonstrators literally just returned from the hearing. >> keep jahi mcmath alive. >> there was a save purple, her favorite color as faith leaders join 80 supporters rallying behind the family of the 13 year old many carry signs that say "keep jahi alive." i want you to see the crowd that has gathered here at children's hospital, about 75 to 80 people are here wearing the sea of purple as the uncle continues to yell from a mega phone. i want you to know i spoke to in who did not know her and they thought it was important to be here. >> we are not here to talk about what happened in that surgery.

or the after effect because things like this happen all the time. how did we get hear with just miscommunication? >> the family has been hoping to have a judge have an order for a mutually approved neurologist about her brain activity. many thought that should be necessary. jahi mcmath went into cardiac arrest before being declared brain dead after she went to the hospital what they thought was a routine tonsillectomy on december 9. the family thought it was imperative they draw attention to the hospital and they ask people at social media to come out. there has been a crowd of about 75 to 80 people who took to the streets to march around and yell in front of the hospital that they want attention to the case of jahi mcmath. fate heaters have asked the

district torn to step in and do an investigation. we will continue to follow this story on both facebook and on twitter with a live report later this afternoon. in san francisco a man is in critical condition after being wounded in a shooting outside a nightclub. it happened at how war before 2:00, when the temple nightclub was pack when shots rang out. the victim was hit in the stomach and taken to the hospital with life threatening injuries and three shell casings were found. the search is underway for the gunman. >> police are investigating the death of a man whose body was found in the parking lot of an oakland wal-mart store on edgewater drive yesterday afternoon. police say he was shot but are not sure if he was killed at the shopping or or if his body was just dropped off. >> developing news at animal care and control where the phones are ringing off the hook over a small puppy calling from all over the country with offers of help after the brush with

death at a local recycling plant. amy hollyfield is at animal control. >> busy morning at the shelter. look at this lobby, the phones will not stop ringing, they have had 100 calls and some physically showed up, waiting at the door when they opened and a couple is here from martinez 9 all of the people want to adopt this little puppy. >> ten week old gem is standing up on her own and looks ready to walk. she also ate a good meal. her caretakers are very impressed. >> she is expected to recover. >> she was covered on the conveyor belt at the recycling center over the weekend in a bag that appeared she was thrown away. she had bite marks on her neck and her back legs remain not working. >> she is only a five-pound dog and to have all that trash on top of you, it could be just from being huddled and we don't

know how long she was in there. >> her legs look like they will be fine. >> calls calling from all over the place from people who want her. >> someone called from connecticuting to fly out to take the dog and i had a rescue group call and say they are willing to help the dog and treat it. a woman called from santa cruz crying. >> she is called gem lick a precious gem that came from the trash and is sweet and captured and captured hearts of the employees. she still is a puppy and trying to suckle from my hand so she is very cute. >> my team. fluffy dogs are my type. it broke my heart. >> she probably had another week of care from the veterinarian here before she is ready to be adopted but when she is, and if they cannot fine the anti, they are keep -- find the owner they

will determine who the new owner is, but don't forget there are 16 other dogs at the shelter ready for adoption. >> what a better christmas present. bart general manager will recommend that the board of director aprove a new deal reached between bart and the unions as soon as possible. over the weekend, the two sides reached an agreement over a disputed clause that. agreed employees six weeks of paid leave and they could decide how to use a bank's paid time off to main take the payments if they need tyke off. union leaders are expected to take the deal to their members for a vote soon. >> say good by to candlestick park with the last scheduled game for the 49ers stadium as people remember 43 seasons of football and many other huge events. wayne is at candlestick park with a lot of memories. >> we talk about a last hurrah,

maybe 70,000 last hurrahs is the approximate capacity of the stadium for football. take a good look, it will not be here that much longer, 49ers play the last probable professional game there tonight. it was also called san francisco stadium at candlestick from 2002 to 2004 and monster pack, remember that, from 2004 to 2008? whatever the name, it has seen a lost history dugout originally from what was a quarry construction starting in 1958. the giants opened here in 1960 and was well-known for wins and history. the beatles played here in 1966, less than a dozen songs. we had numerous championship games. from what we are told, the stick as it still exists will not disappear any time soon.

give it about a year. when they bring it down they will probably bring it down, so they say, either by implosion or piece by piece. the re-development company will develop it into apartments and condos and bits and a shopping mall. they have not made an ultimate decision on how they will by it down but the indication is that they will probably implode it which means that maybe a year or so we will be standing here again and rather than the last hurrah it will be the last "boom." big game tonight and the parking lot is filling up. take a good look: candlestick park. >> it will be an exciting night and san francisco police have advice who for those who want to take part of the stick home. don't. if you are caught stealing signs you will be arrested. there will be 50 percent more

officers on duty tonight compared to the tip -- typical you can watch the game at espn at 5:30. >> viewers have been sharing the memories of the stick on ureport@kgo-tv.com including this, mom and data brought 13 day old zachary parker to the game january 12, 1991, the 49ers beat the red skins 38-10 and these two thosed for this in the parking lot. send us your photos at ureport@kgo-tv.com or on twit twitter. >> still to come at 11:00, a rough ride for delta passengers after the plane was stuck. in the mud. >> deadline delayed, a last minute move to give more times to americans signing up for

obamacare. >> extreme weather put as damper on the start of the holidays. >> and a look from from the sutro camera. more on the forecast coming up and more on that put you on their gift list? well say hello to aio!

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authorities are looking into whether ice were responsible for this incident with delta and detroit airport after the boeing

73 slipped off the taxi way and ended up in the grass and mud. all 180 passengers were taken off the plane and put on another flight. no one was hurt. the flight was bound for alaska. >> many people traveling across the country have a huge ice storm. in oklahoma city they got out of the way after large sheets of ice started falling off the roof. no one was hurt. from oklahoma to new england, freezing rain has led to wreck after wreck and forces cancellations of 600 flights. hundreds of thousands still without power in northern new york and vermont. in the past hour, the white house extended the deadline until tomorrow for people to sign up for health care if they want coverage to kick in january 1. the law supporters hope this will be a key moment in a rollout that has been plagued with problems. >> had have been a lot of gasolines and problems but they are getting fixed. >> there is concern all around from consumers and inshowers and

experts, will enough people, particularly young adults sign up to make the marketplace work? >> i'm not convinced and i don't think the numbers show it that we can support this. i don't think the young and healthy will come in droves and sign up. >> the obama administration says a million people have signed up through friday and believe the troubled website will be able to handle the last minute crush. republican critics do not agree with such a if assessment. the administration's goal is seven million by march 2014, and consumers have until the end of march to sign up for insurance without having to pay a penalty for lack of coverage. >> the bottom line is there are a lot of good things in obamacare that people like and the more people see that, the more positive it is going to be. >> california's exchange is keeping the call centers open until 8:00 tonight to help people enroll. they are get a high number of

calls so you may have to keep trying. >> meteorologist, mike nicco, is on the roof of the kgo broadcast center with the forecast. >> we have to talk about the poor air quality the first thing, because it will be here for a while. if you are a last minute shopper or a last minute travelers i will look at the trust here and the state and across the entire country. >> target is in the crosshairs of a legal backlash after the massive credit card beach with customs seeing fraudulent charges appearing. >> positive economic signs how much members are spending on holi

covering los altos, antioch, petaluma and all bay area, this is abc7 news. >> new this morning, more trouble for target, seeing fewer shoppers in the recent data breach likely to blame. >> "wall street journal" today reports the number of transactions fell 4 percent over the weekend with stolen card accounts showing up for sale on the black market according to the reporter who broke the story. three class-action suits have been filed in california and oregon and target is contacting customers who paid in stores with cards from thanksgiving to december 15th. >> the last minute blitz has many calling this manic monday, just two days are left in the shortest christmas shopping season in 11 years and stores offering deeper discounts than on black friday and many stores like macy and toys 'r us are open 24 hours to attract last

minute buyers. the holidays make up 40 percent of the annual sales and commerce department reported today that the consumer spending rose half a percent in november, the healthiest showing since june. >> if you get a smartphone for christmas, install the new smartphone app that will keep you on top of the latest breaking news, weather and traffic, and we have a section for all the stories you will want to share on facebook and twitter@abcnews.com/apps for all the details. >> we need an app for a fireplace because at least it can burn this, safely, since we can not see that if a couple of days. >> or the biggest fan in the galaxy to blow the bad air away. mike? >> if the winds could switch direction that means mother rain coming our way and that is nut in the offing, really, until next year. good morning, everyone, but the consequences you can barely see

oakland with another "spare the air" day that could possibly get worse before it gets better. we will talk about something exciting. sure, we have to say goodbye to candlestick but playing for a big game, the falcons tonight at candlestick and 58 at 5:40, and down do 55. if you headed to tailgate temperatures are in the low 60's with total sunshine. on live doppler 7 hd you can see where we are tracking haze at four mile visibility at concord for the lowest and from the east bay hills to concord and walnut creek you can see why, this is one of the areas we will be watching for poor air quality, the enlarge east bay valley, the north bay valley and santa clara valley the 15th "spare the air" alert of the winter season, the 25th of the calendar year which is a record. we will not set that 11 consecutive day record of "spare the air"s in a row but well have at least four or five this week and there will be no burning of wood on christmas east or christmas day.

50 in concord with the haze to 60 at los gatos and very mild. you may not even need a coat. you can see the haze from sutro tower or, rather, from mount tamalpais across sausalito to barely seeing in san francisco. sunny. warm. poor air quality today, tomorrow, and the week. in between we have clear and chilly night all that is normal in the forecast. now, the temperatures. possibly near record highs six degrees warmer in san francisco at 63. 66 in san jose. oakland is eight degrees warmer. san jose, richmond, san rafael, those of the cities i target for record highs as we hit the low-to-mid 60's this afternoon. tonight, mid-30's to low 40's inland and upper 30's to mid-40's at the shore and then the coast. not much of a change and we see weakness developing with rain

and washington in oregon but not strong enough system to breakthrough the double barrel high and push down here. we will have mid-to-upper 60's through the central valley and low-to-mid 70's to the south if you are traveling and record high yesterday in tahoe close today with the 54 degrees and 50 on tuesday and 51 on wednesday, but, notice, the temperatures are above average and not a sign of snow in sight. most of the rain is moving off the seaboard right now if you are traveling today or tomorrow, maybe some snow in minneapolis, and maybe lake effect snow in new york would be easy weather wise to travel. seven-day forecast shows mid-to-upper per 60's tomorrow, and low-to-mid 60's on wednesday and thursday a slight tapering of temperatures over the weekend, but, still, in the 60, we are well above average and it will be dry all seven days. it is great for traveling and not great for the environment. safe traveling if you are traveling and enjoy the weather if you staying home. >> happening today, a silicon

valley tech investigator is going to release new details for the plan to spit california interest six states. venture capitalist tim draper is proposing the bay area be silicon valley as a state, along with jefferson state, northern california state, west california, and western california and south california believing the state is unrepresenting in washington is he wants an initiative on the ballot and permitted the preparal to the state attorney general. what did you think? should california be spit up into six states. go to our facebook page and let us know what you think. >> next, the brightest house on the block in the national spotlight and this display is in the north bay, could it win the gr

to those who've encountered welcome to covered california. new, affordable health plans so you can be ready for whatever comes your way. enroll today at coveredca.com. coming up at 4:00, saying farewell to the stick as past 49ers share their memorable moments plague at candlestick park. at 5:00, uncorking the perfect

holiday wine, michael finney on finding the ryan white for your christmas day. >> bay area family taking christmas decorating to a new level is competing for the top prize on national tv right here on abc7 news and they are from san rafael. here is the house. they compete on the house, the great christmas light fight and were chosen on what they have done in the past and come up with another elaborate design with the winner taking home $50,000. you can catch the great christmas light fight tonight right here at abc. >> thank you so much for joining us.

check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah, the educational toy bear. remember when the battery went out? [ slow, deep voice ] give me your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible.

>> whoo! hey! whoa! okay, what up? what up? what up? what up? hello! well, how do? what's happening? what's up? yeah, yeah. what do you know, man? >> all right; let's do it. >> let's go. [cheers and applause] >> hello, and welcome to millionaire. today's first contestant is notd only a harvard graduate, he's also a competitive step dancer. from miramar, florida, please welcome etzer botes. [cheers and applause] etzer, what up, dog? >> what's happening? good morning. >> etzer botes. so a competitive african dancer? >> yes. >> what is this dancing? >> so step is actually a sort of