always live. abc seven news starts right now. >> this this is my go to place. and it's sad that they're going to shut down. where's the next place we're going to find? i doubt we're going to find something like what we had here for the last few years. >> a lawsuit over a ladies night promotion. now a bar in concord says they may have to shut down. good evening. thank you for joining us. i'm dan ashley, that family run restaurant in concord. a december 31st will be its last day open, the owner

telling abc seven news reporter tara campbell that the cost of settling a discrimination lawsuit was the last straw. >> reporter. the sign on the door makes the closure clear. while inside, customers are enjoying one last cocktail. one more meal at lima. >> it's just sad. it's just so sad. >> the family run restaurant in downtown concord has been around for nearly nine years, and is now set to close permanently at the end of the month. >> i mean, i love this place. i, you know, it's like they're like family to us. >> the owner telling us they haven't been able to fully bounce back from the cost of settling a recent discrimination lawsuit related to discounting drinks for women on its ladies night. >> a frivolous lawsuit that took us down. and it's this ambulance chasing lawyers. >> several similar lawsuits have been filed throughout the country, taking aim at variations of ladies night, including earlier this year in fresno, when its minor league baseball team was sued over a ladies night promotion. >> it was exactly that

discrimination over ladies night. >> did it surprise you? were you shocked by that? >> i was a lot. yeah. i've never. i see ladies night everywhere else. >> according to the state, gender based promotions like ladies nights can land businesses in legal trouble. violating california's civil rights act. here at lima, the cost of the lawsuit just piled on to an already tough time, with high inflation driving up the cost of getting these meals to the table. >> with restaurants, it's already the profit margins are razor thin, and stuff like this does not help business at all. it's just i don't know what should be done about it. maybe the city or the state should change some rules to help out the small businesses. >> and these customers agree. >> it's very sad to see a lot of family run places in in downtown concord disappearing, and soon it won't be the same for these servers or staff here soon to be out of a job. >> i'm really, really disappointed and sad. i was getting really accustomed to the

community and knowing all the regulars that come to the restaurant, these regulars fitting in as much time as they can before the doors close on december 31st. >> there's a lot of people that come here that enjoy this place, and it's that this is the end of it. >> towercameras that's tara campbell reporting. all right. let's call it the cold before the storms. more rain is headed our way for the weekend. meteorologist sandhya patel is here. >> sandy. yeah. and, dan, we welcome that rain. just as the seasons are changing, the storms are lined up as we look at live doppler seven right now. the first one is getting in here tomorrow. it's a light level one system. and as we time it out for you bright and early tomorrow morning, it's not going to be so bright. 5:00 the rain begins in the north bay, and we'll be really pretty much seeing scattered showers at 8 a.m. the showers will continue through the morning hours and into the early afternoon before this system winds down. the winds are already starting to pick up out of the south spring valley, 28 miles an hour. you

can see the wave heights are building 29 just to the west of san francisco, way out in the eastern pacific. we have over 50 foot waves now. we're not expecting 50 footers, but certainly a high surf advisory going up tomorrow morning until sunday afternoon. those breakers, 15, possibly up to 20ft, means it's going to be rough along the coastline. there is a risk of rip currents and sneaker waves, dangerous conditions there. so watch out because it is going to be dangerous to swim or surf. there are more storms coming. they're stronger. i'll be back with a look at the holiday forecast. coming right up dan. >> all right. goodness. all right. thank you very much. new at 11 tonight. a suspect is in police custody after a frightening incident at south san francisco high school. school officials say a trespasser scaled a fence and went into a classroom, sending students running. as you can imagine, they were directed to safety as police responded. officers arrested that person. no students or school staff were injured during this very strange but alarming incident. tonight,

the investigation into a deadly shooting near san francisco's union square. a bizarre series of events led to police shooting and killing a security guard overnight. he's been identified as 50 year-old peter hodge. police say he hit two teenage girls with his car at sutter and kearney while trying to chase down a man on an e-bike who had scraped his car. a source tells abc seven news hodge eventually hit the back of the delivery driver's bicycle, and police say a witnesses saw the cyclist run off. hours later, officers shot hodge outside the union square dior store, where they believe he worked as a guard. it's still unclear what led up to this shooting, exactly, but hodge's family in connecticut is obviously shocked. he's a good guy. >> he helped out my kids. t best he could from, you know, 3000 miles away. but it's definitely surreal. doesn't feel like it's real at the moment. >> san francisco police say it

is still an ongoing investigation. the police department is expected to hold a town hall within the next ten days or so to discuss what happened. tonight, we're getting a look at the information that put luigi mangione on the radar of san francisco police before he was a murder suspect. sfpd released this missing person poster of mangione back in november. mangione's mother had filed a missing persons report about her son in san francisco on november 18th, 16 days before he allegedly shot and killed unitedhealthcare ceo brian thompson in new york city. mangione is facing three state murder charges, including two terrorism counts in new york. he is scheduled to make his first court appearance in new york on monday. he's been held in pennsylvania since his arrest. a coffee brewing business duo is moving their shop from silicon valley to san francisco after a break in at their new site. their new community is rallying around them. abc seven news south bay reporter lauren

martinez has that story. >> silicon valley coffee is bringing together new tech and roasting coffee, and you can customize each setting according to exactly how you want your coffee made. the two person company was founded by matt baker and vance bjorn, former tech workers. their lab is in menlo park. >> we call it the coffee lab, and it's kind of to help analyze coffee. >> three weeks ago, they started renovating a massive 6000 square foot space in san francisco on fourth street and townsend, across from caltrain. on sunday, they discovered two people broke in. baker found a cell phone left behind. >> when i looked at the cell phone and i read a text message conversation on how to break into our property. >> baker said. san francisco police found two people using heroin at the back side of the property. they arrested them, but that's as far as it went, and we were kind of befuddled about an hour later when we saw them letting them go. >> the next day, we came back just to find that everything was stolen. >> they were hit twice in 24

hours. >> i was kind of drained of energy. >> baker took to reddit to express frustration, but also asked the question, how is the best way to handle this? >> we are too excited to let something like this set us back. >> after the post came an outpouring of support from the community and the city. >> they're waiving all the permitting fees and we have been getting emails from different departments asking them, asking us how they can help. i mean, when does a city email you? >> if anything, the amount of support has re-energized them to open their cafe. >> i can't wait to have people in there. i can't wait to light up that entire block. >> it can really provide a lot of space for community, and that's what we want to accomplish there. >> silicon valley coffee plans to be open in the spring in menlo park. lauren martinez, abc seven news. >> tonight we're hearing from another bay area victim of that terrifying air boat collision in the florida everglades. the crash sent players, coaches and

family members of a pittsburgh youth football team into the water. david tolson and his family from antioch were traveling with the team. the airboat the tolsons were riding in collided with another boat. 16 people were injured in that collision. david suffered a broken arm and five broken ribs. his wife and two young sons are also recovering from injuries. >> one of the worst feelings you can feel as a man to not be able to protect your family. >> florida's fish and wildlife conservation commission is investigating what happened. tolson's attorney says the airport airboat tour company was negligent. a statement on the company website says wooten's everglades airboat tours. regrets that a collision involving two airboats occurred. we immediately contacted local area emergency authorities, who responded rapidly to the scene, providing care to the passengers. end of the statement on the company's website. back here in the north bay, marin county officials have reopened

bolinas beach, but with several warnings for visitors. the popular beach was closed in september after a seeping liquid, thought to be human waste, was discovered at a nearby cliff, but samples taken in september and november did not find human waste. there was evidence of chronic fecal contamination from multiple sources, including wildlife and pet waste. they say the bluffs are also unstable and prone to erosion and collapse. signs will soon be posted warning about the potential dangers. well, as officials continue to assess the response to the 7.0 earthquake a couple of weeks ago off the humboldt county coast, including a tsunami warning that was quickly canceled. there is new information tonight about the risk of giant earthquake created waves hitting the bay area. remember this amazing video from 2011 when a quake in japan sent this tsunami all the way across the pacific and into the santa cruz harbor, causing about $100 million in damage. they've

happened before and long before that. a bay area author who i've interviewed several times over the years, has just published his new book into the little known or talked about tsunami that wreaked havoc after the great quake of 1906. >> there are local little events that wind up in the paper, along with the bigger catastrophe. and there was so much chaos after the earthquake. nobody much cared or looked at the smaller events because there was so much to deal with, and then they were just lost. >> so everyone was focused. after the oh six quake on the damage from the quake, the fire and everything else that some of these tsunamis and just fell underneath the radar under the ones that happened. >> but there was so much more fear of tsunamis back then. >> richard says that people were so scared of a tsunami after the oh six quake that they camped out in the oakland hills for days. his new book is called earthquake exodus 1906. berkeley

responds to the san francisco refugees. all right. coming up. panic and chaos at a christmas market in germany. police have arrested a man they say drove his car into a crowd of people, killing two and injuring dozens. shutdown averted the last minute deal on capitol hill that will keep the government open. also, it's time to paint the town blue. the smurfs are coming to san francisco. a look at when and where the new experience will be. all of that is coming up ahead. but first, here's a look at what's coming for you tonight on jimmy kimmel live! right after abc seven news at 11. >> jimmy, stay with us or i'm turning this minivan around. >> i'm sorry. that's the mic. you can have that. >> yeah. now it's on inside out. this is a disaster. >> this is really what i'm going to do at 70.

two people were killed and dozens injured when a car plowed into a busy christmas market in the german city of magdeburg. officials say it was a deliberate attack. here's abc news reporter zohreen shah. >> horror before the holidays after a car plowed into people visiting a christmas market in magdeburg, germany. the attack killing at least two and injuring about 60 others, according to german security officials. this is the moment a car captured on cctv suddenly drove into the evening market, plowing through the holiday crowds at high speeds. a suspect has been arrested in the attack that sent shoppers fleeing in panic. u.s. law enforcement sources told abc news. according to german authorities, the suspect is a doctor from saudi arabia who has been living in germany since 2006. they say he

drove a rental car through the market. the incident triggering a major emergency response with the city center and the market both closed and littered with debris. the motive is unknown at this time. magdeburg is about a two hour drive west of berlin. zohreen shah, abc news, los angeles. >> back here at home, facing a government shutdown, the senate rushed through a bipartisan plan to temporarily fund federal operations and disaster aid. it dropped president elect donald trump's demand to raise the debt ceiling in the new year. the senate worked to approve the bill 85 to 11, just past the midnight deadline in washington. >> very good news for my colleagues and for the country. democrats and republicans have reached just reached an agreement that will allow us to pass the cr tonight. >> we will not have a government shutdown, and we will meet our obligations for our farmers who need aid for the disaster victims all over the country, and for making sure that

military and essential services, and everyone who relies upon the federal government for a paycheck is paid over the holidays. >> the final bill was johnson's third attempt to keep the federal government open, and it raises questions about whether the speaker will be able to keep his job and work alongside trump and billionaire ally elon musk, who put a great deal of pressure on lawmakers over this. state health officials are alerting the public about the rising spread of bird flu. this comes just days after governor newsom declared a state of emergency because of it. the virus is ravaging poultry and dairy farms all around the state. >> the overall risk to the public remains low. 35 of our 36 human cases in california are the direct result of exposure to infected cattle. >> health officials say they're working hard to get the problem under control. all but one of the human cases of bird flu have been in farm workers in the state, but more cases are being reported across the nation, affecting people without known

contact with animals. the u.s. food and drug administration has approved the first prescription drug for obstructive sleep apnea. the weight loss drug rebound is one of the class known class of drugs known as glp one receptor agonists, that include ozempic. it was cleared to treat moderate to severe forms of the sleep condition in people with obesity. the drug maker eli lilly says it should be used with diet and exercise in concert with those. obstructive sleep apnea affects as many as 30 million people in the united states. a lawsuit has been filed to try to stop expansion of the oakland airport. the stop oq expansion coalition claims the port of oakland, which runs the airport, is in violation of state laws, in part because the port has not requested a health impact assessment from alameda county. the lawsuit also claims the expansion would increase flights at the airport by 55% and as a result, increase air pollution.

in east oakland. warehouse giant costco is getting bigger. it's opening dozens of new stores next year, including one here in the bay area. a new costco in brentwood in contra costa county, is scheduled to open in march of 2025, just a few months from now. just last month, costco opened in pleasanton and in napa the month before that. costco will soon top 900 locations all around the world. all right, the weekend is here. christmas and hanukkah coming up very quickly, and we want to know what the weather is going to be like. meteorologist sandhya patel is here. >> sandhya. yeah, dan, it's all about the planning. i'm going to bring in the storms, but give you a little bit of a break. just in time for christmas and hanukkah start. so this is a good thing. let me show you some live views right now. one thing that we're noticing is we still have a lot of haze in the air. and there has been a little bit of fog, but not quite as extensive from our tower cameras. some beautiful views right now. here's a look at winter's arrival tomorrow morning. winter solstice takes place at 1:20 a.m. and on cue,

we're going to start to see some wet weather. the sun's rays will be directly over the tropic of capricorn. good evening to all of you. so this is the final day of fall. and as we look at live doppler seven, here comes a system that is going to dampen the roadways a little bit tomorrow as we start off the weekend. right now, this is moisture that is actually being picked up up in the clouds. it's not actually hitting the ground. we're seeing a lot of cloud cover. it's evaporating before it reaches the ground. your temperatures at this hour with the clouds 40s and 50s. live view all decked out san francisco for the holidays from our exploratorium camera this weekend. winter starts. rain arrives next week. it's going to be a wet and windy pattern. off and on, and for christmas it's going to be dry, cloudy and cool. so let's talk about the christmas eve forecast, morning downpours and gusty winds. upper 50s to low 60s. christmas day you're going to be in the 50s. it's going to be a dry and cool, mostly cloudy one for hanukkah wednesday at sunset, which is

456. it's a cool and dry evening. temperatures will range from the low to the mid 50s. tomorrow's system is a level one. it's a light system, scattered showers, rough and dangerous surf, and breezy in spots. those are some of the things you'll have to look out for. this is nothing like the rerun of last weekend, where we had that tornado in scotts valley, so you don't have to worry about that. and the thunderstorms. this one will start the rain off at 5 a.m. in the north bay. 8 a.m. you see those scattered showers across the region? they continue into about 2:00 in the afternoon, and then they're pretty much gone until sunday at 3 a.m. you see some spotty showers, but the main event holds off. so most of your sunday is fine. sunday night at 6:00 we see some steadier, heavier rain moving into the north bay and then pretty widespread at 9 p.m. across the region, continuing through the late night hours. rainfall for the weekend will look like this. this is adding saturday and sunday, anywhere from about a 10th of an inch in the southern and eastern parts of our viewing area to over an inch of rain, and everyone else

is in between. next week, storms are going to look a little different. monday night winds pick up. the rain starts to move in. tuesday is going to be a level two. that's when we're going to see some downpours. certainly a rain snow mix in the sierra as we head into christmas and hanukkah start. it is dry, but then thursday we have more showers and then friday is the last in the series that will be coming through here. so be definitely be prepared, especially if you have travel plans. as far as the snow goes in the sierra, we're looking at anywhere from 6 to 12in here in the bay area, 8/10 of an inch to over two inches of rain over the course of the all of next week, i should say over five inches at crescent city. here's a look at the winds they'll be picking up monday night over 25 miles an hour. and look at tuesday morning over 30 mile an hour winds. so this is when it gets a little gusty. it gets dicey temperatures 40s, 50s tomorrow morning. tomorrow afternoon you're looking at highs will range from the 50s to the 60s. a few trailing showers.

accuweather seven day forecast. winter is here. level one for tomorrow a one on sunday. late night monday a two for tuesday which is christmas eve. it's a wet and windy start to the morning and then christmas day and hanukkah start is dry. but then we have level ones for thursday and but do they really? do they see all that you are? at kaiser permanente all of us work together to care for all that is you.

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fisherman's wharf. how about the smurfs? smurfs? the adventure is scheduled to open in the spring. it's a series of ten interactive experiences. things like building a garden, playing games, and creating potions. it will take over the spot that used to be madame tussauds wax museum, which closed. smurfs the adventure should open in time to promote the new smurfs movie coming out in the summer and joining us in smurf blue, sports director

no. good evening warriors had a great start to the season, but they've really been in a freefall ever since de'anthony melton got hurt. they lost by 51 points. 51, in memphis last night. steph curry held without a field goal. zero for 7 in 20 four minutes. steph curry really. warriors came out in slow motion and decelerated from there. draymond and zach edey chatting it up. ten point deficit turned into 20. then 30 and 40 and 50. the final was one 4493. grizz the nba's biggest loss of the season. dubs at minnesota tomorrow night. they need to find some answers here

pretty soon. >> this is really about, you know, rediscovering our identity that we had, you know, coming out of hawaii first few weeks of the season. we've lost that identity, you know, and we've got to we got to recapture it. our offense is hurting our defense and vice versa. when you're digging your way out of a hole, you have to dig. you can't have any complacency. i saw all kinds of complacency last night. >> yeah. lack of effort. women's hoops tara vanderveer, chase center. to see the two teams that she coached stanford and number 11 ohio state. rough start for the cardinal. they did not have a field goal during a six minute span over the first and second quarters. also had 19 turnovers in the game. first year assistant coach kate pei or head coach. she was a long time assistant for tara. really frustrated as ohio state had 17 points off those turnovers and six buckeyes were in double figures led by kodi mcmahon with 16. cardinal get crushed. 8459. first game of the college football playoff is seen here on

abc seven. i like that outfit. indiana and notre dame. first quarter hoosiers driving, but curtis rourke gets picked off by xavier watts at the notre dame two yard line. on the very next play, jeremiah love loving every minute of it. >> aloha. >> thank you for speeding them up. 98 yards. seven nothing irish. second quarter riley leonard. well, the leprechaun is dancing to jayden thomas. five yard touchdown notre dame up 17 three at the half. and the irish defense was awesome in this game. indiana came in averaging 43 points per game. not even close tonight. they kept indiana at bay all night long. fourth quarter leonard walking. touchdown notre dame 2717. winners advancing to the quarterfinals in the sugar bowl to face georgia next and baseball giants among nine teams that exceeded the luxury tax threshold, have to pay $2.4 million to mlb. a record 311 million was paid in penalties, led by the dodgers, who paid

over 103 million in tax. sports on abc seven,

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you got plenty. you have to hit the malls tomorrow. any last minute christmas shopping? no. i've taken more of a grinch like approach since i did the commercial promoting lakers warriors on christmas night. but no christmas for you. i was. no, no. i was eyeing that chia pet for you. so that could be. that could be in your stocking. any gift from you would be welcome. i'd love to have it. >> lou: from hollywood, it's "jimmy kimmel live"! tonight -- jason bateman, aaron taylor-johnson, and music from 50 cent. with cleto and the cletones. and now, jimmy kimmel! [ cheering and applause ] ♪ >> jimmy: thank you. very nice. thank you, everyone. i'm jimmy.