♪ what did we learn on the show tonight craig ♪ [meow] craig: 38, 39, 40, 42. great. thanks a lot. good night. [cheers and applause] ,,,,,,,,,,

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ta-da! thank you. what else can he do? ring him up, boy! he's on break. [ chuckles ] caring for you and your loved ones. [ pickles barks ] now, that's progressive. call or click today.

you're watching cbs5 "eyewitness news." fed up with getting felt up. airline passengers who think security is over the top have a new hero the little-known federal law that got this guy in trouble. >> it literally jumped at least 2 to 3" out of the plate and just like small balloons just x moded, hot grease. >> dinner got off to a bad start. the appetiser he says blinded him. >> mortgage industry's dirty little secret. the four little words that can stop your home from being foreclosed. i'm ken bastida. >> i'm dana king. >> don't touch my junk.

that's what one guy told airport security when they tried to frisk him. that man has become something of a folk hero. linda yee has the story. >> reporter: it's the full body x tray and an electronic strip search. >> i think it's invasive. it reveals too much. >> but this is travel security today. >> well if i want to get on the plane do i have a choice. >> no, well your choice would be a full-body pat. >> i'd prefer that. >> a full body pat. >> they touch everywhere including your body parts. >> oh christ. >> he refused both the full body pat down and the scanner. they walked me around and explained they were going to to a pat down. >> reporter: his confrontation caught on camera. >> put your hand on your inner thigh, slowly go up and slide

down. >> okay. >> and if you would like the screening weigh can make that available also. >> we can do that here but if you touch my junk i'm gonna have you arrested. i don't know how a assault can be made for my flying. >> this is not a assault. >> it would be if you were not the federal government. >> we're not doing this just to do it. we are doing it because we need to keep powders and guess and liquids off of planes that are unauthorized. >> reporter: homeland security defends the stricter measures. a suspected terrorist smuggled explosives in his underwear and last month plastic explosives were shipped on u.s. cargo planes. >> very conceive hasselbeck designed in such a way unless you walk through technology, a walk-through metal detector is not going to register anything. >> they are consider filing charges against that san diego

man. it turns out if you start the security process you to have finish it and they found this out, dana, because authorities are concerned that in terrorists go through security and then suddenly o out because they think they are going to get caught. >> hmm. all right. at sfo linda yee, thank you. a big legal victory for illegal interests, the supreme court ruled that undocumented students are entitled to the same in-state tuition breaks as legal californians, it applies to public schools including colleges. kiet do talked to one immigrant who didn't want her face shown. >> to those critics i would say that these people, some of them have jacques and they pay taxes so they help the economy. >> opponents plan to appeal that decision to the u.s. supreme court. well mayor rondell m's isn't a man about town, he

doesn't make many public appearances, now we have learned he won't give his final say to the city speech in person. wednesday's speech will be posted online? why? they wouldn't say. voters in alameda county have made history electing the first transgender judge in the u.s. 49-year-old victoria coal cow ski is currently serving as an administrative law judge with the puc. >> i'm very gratified to help. it's also a little daunting because of course whenever one is the first person to do something you become a representative and a role model. the problem with being a role model is on the one hand a role model is great because it can be inspiring to people. on the other hand there is a responsibility that goes with that which i take very seriously. >> the final results came down to just 9500 votes with coal cow ski edging out county prosecutor john crayton. other news making headlines, a tree trimmer was

killed in concord this afternoon, 33-year-old antonio barajas was up in a tree with a rope tied around him when that rope somehow got caught in a wood chipper and that dragged him down and he hit his head on the chipper. cal o.s.h.a. is investigating. in san francisco 7 people were hurt in a crash that caused a van for disabled people to flip over. it happened at al meny and chrisent avenue. police say the van was making a left turn on to crescent when a car hit it and pushed knit to a parked car. garbage rates are going up in san mateo county. 10 cities and some incorporated areas will see them jump from 9% to 39% in january. that's when they change from their current provider to san mateo county. they say they are to pay for enhanced recycling services. it sounds like one of those skits you would see on one of those home video shows.

exploding escargot but two patrons not laughing tonight. they say they are suing. >> one word, frivolous. >> reporter: tony fehr undeany and ross barba rat are poking fun as they poke at the most popular appetiser on the menu today. >> tell my children i'm i love them, i'm going to go for the middle one and go at it. >> reporter: escargot. >> how does it taste? >> excellent. >> why did you get that by the way? >> because we thought it was a bit ludicrous. >> reporter: they are referring to a lawsuit filed by two recent customers who claimed their order of escargot blew up scalding them with melted butter. >> it literally blew up. >> he was treating his friend to a birthday dinner. >> they literally jumped 2 to

3" out of the plate and like small balloons just exploded hot grease, it got me in the tear duct, it got mr. righetti along the side of the knows. there was so much grease coming off of this escargot it completely sprayed our shirts and our trousers. >> reporter: an insurance claim against the restaurant was denied in part because neither man sought medical attention. they have filed a 7500 lawsuit in small claims court alleging gross negligence, they also want an apology. al sylvestre has clammed up, saying he didn't want to talk about it on camera. he said when they are angry he told me "they are not mad, they are looking for money." he says he thinks the whole thing is funny because the tale of the snail is again rating more publicity and could mean more customer and more money. o'hara says it is not a matter of money it is the issue.

>> imagine hot grease being sprayed in your face when you take a friend out to dinner. it's not really funny. >> reporter: in san rafael, joe vasquez, cbs5. rescue workers have freed one of those birds with the beer can around its neck. several collared birds have been spotted around san francisco. this gull was captured at lake merced. rescue workers first noticed the bird in the area two weeks ago but were unable to capture it until today and it wasn't easy to cut the can off and examine the bird. >> it took a really long time. a lot of different strategies we tried. but he was very wary because somebody had already caught him and hurt him so it was harder to draw them in closer to us. >> the bird was healthy enough to be released. the rescue group is asking the public to watch for and report other charred birds, there is a $3,000 reward for any information. and the calendar says thanksgiving is next week. but doesn't feel like it, does

it, roberta. >> by the time the sun sets we had 6 record new high temperatures in the bay area. now, by the time the sun comes back up the change you need to know about. instant me it has drivers in one bay area city hitting the email, that's so last decade. facebook's plan to combine email, texting and instant messaging? it has drivers in one bay area city hitting the brakes. but this cop is fake. these east bay homeowners have stopped their bank from forecl,,,,,,,,,,,,,,,,,,

effective cop in the bay area. without lifting a finger, he gets speeders to slow down. so he may be the most effective cop in the bay area right now. without lifting a finger he gets fingers to slow down. belvedere had a problem with speeders so they came up with a detertiary alternative. it's officer bob. he sits in his cruiser beside the highway. he has a cup of coffee on the dashboard, sometimes a donut. while we don't need more dumbies working for the government, officer bob does a great job just by showing up. mark zuckerberg gave notice today email is pass say. he announced a new messaging system in an online conference. he said email is old fashioned

and cumbersome so they plan to combine all kind of ways to communicate. email, texting, instant message, and running it all through facebook. >> that's going to be really cool because five years from now you'll have this full rich history of all the communication you have with each of your friends and the people around you. >> facebook says it will roll out the new service over the next few months but, for now, it's by invitation only. some bank executives will go before congress tomorrow to answer questions about robo signers. that's the nick name given to the largely unskilled employees that the banks hire to sign thousands of foreclosure affidavits without ever reviewing the documents. lately, some homeowners are wising up to the bank's practices. people are using a new weapon to delay foreclosure long enough to renegotiate their loan. allen martin says their battle cry is "show me the note." started two years when their adjustable rate >> reporter: chuck and eric are trying to hang onto their

richmond home. >> we're not going to let the bank take the house. >> reporter: it started two years ago when their adjustable rate mortgage jumped from 2600 to $4,400 a month. they soon fell behind and the bank foreclosed. but there was a problem with the paperworkment. >> they don't have the note. it's as simple as that. >> reporter: he is talking about the prom sensor renote that homeowners give the bank promising to pay back the bank. where is the note? normally it stays with the bank that issued the mortgage. however notes can be traded, sold to other institutions, and when that happens the sale is supposed to be recorded with the county. that is basically the way things have worked in america since the 160 0's. but then about 10 years ago wall street got together with banks to sell huge blocks of mortgages like stocks and to keep track of it all they created a separate private system called mers, mortgage electronic registration system.

electronic is the key because theory electronic. so they never get the original note. >> the more you look the less legal they are. >> he is suing hundreds of banks saying they have been foreclosing on homes without showing the note. >> it's an industry-wide scheme in which they have no authority to foreclose and take the property away from these homeowners. >> reporter: he charges bank officials with using false, fraudulent, misleading and other documents, these foreclosure papers were all signed by mers vice president linda green but each has a different signature and here the true owner of the prom sensor renote is missing so they use place holder names like bad benny and poe gus i signee. >> these are documents recorded and homes taken from people by bad benny and bogus signee. >> the banks know the average person is going to be

intimidated, frightened, confused and they are not going to know what to do. >> reporter: to save their home they have joined a growing movement called "show me the note." they are paying a lawyer to fight the foreclosure in court until they can negotiate a new loan. so far it's working, they say in the last year the bank has tried to foreclose 10 times but still has not shown them the note. >> so each day you sit and wonder will this go on, will the banks agree to what we are wanting to fulfil, or will they continue to steal our homes. >> reporter: allen martin, cbs5. well mers says there's nothing fraudulent about that system. the company expects the courts to eventually settle these foreclosure battles in its favor. you can find the full mers statement at cbs5.com. looks like we're closing in on the end of our really fine weather. let's check in with roberta. >> gradually we'll gradually close in on it dana. we had 78 degrees in half moon

bay all the way up to 84 degrees in santa rosa. what is so odd about this? people are actually sunning on the 15th day of the month of november. where else can you do that. in america. all right. today we had 6 record-breaking temperatures including san francisco which actually tied an event that was established back in 2008. san rafael at 82, we had record tying numbers from forth fatville through napa into santa rosa. tonight overnight from clear skies, the winter now beginning to dull back out of the northwest 5 to 10. number-wise up hers in santa rosa to the low 50s across the san 25 clara valley. these numbers will be common across the bay. weaking up tomorrow pretty mild for this time of the year, bright sunshine, official sun up at 6:49, not a cloud in sight. we do still have the influence of high pressure over the entire state of california diverting the storm track to the north of us but as each day

passes the ridge which is pretty strong is going to begin to cave in allowing whatever is out there to move this way and let me tell you there is something out there. wait until you see the seven- day forecast. but first we're building tomorrow's daytime highs which are cooling off. 60s beaches, 75 in san jose, the average high 66, just down from 82 today. there you have your east bay numbers out of the 80s into the 70s, richmond at 65, north bay numbers stacking up from 62 in citizen son beach, to 75 degrees in sonoma, but again that's down from today's high a record at 84 degrees. northwest winds at 15. not as win de. spending some time with this because you will notice cooling each day, partly cloudy thursday. a slight chance of a north bay shower on friday and then over the weekend the rain is not going to be the big headline, it's going to be the cool and blustery conditions and whatever precipitation we see because this storm is cold in nature it will be very light.

however snow level drops down to 2500 feet in our own local mountain for the first time. this is very early for this time of the year to happen. let's just pause and appreciate today's sunshine and record heat here in the bay area. acre, thank you for out doing, and sending h us this picture from for the fun stop today. i do like saying that. >> you like saying that. >> for the fun stop. it was flooded. >> thank you roberta. >> you're welcome. itunes users will soon be able to get something they never could before. beatles music. wall street journal reports that apple will announce a deal to carry songs and albums by the legendary rock group. so emi the record group that owns the rights had refused offers by the music's largest retailer. no details technician exact teal. teal. i'm bored with my toys. sally, you don't need toys when you have...

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tonight's good question: "what well it's an art display

that you have to find first before you can really wonder exactly what it is. tonight's good question, what are those strange-looking die a ram as in the rockwall near coit tower. millsions of people visit the coit tower but many will never see this part of it. >> this looks like candles. candles and some rocks. >> there is a walkway near coit tower and on that walkway is a rockwall and in the nooks and koreanies and yes vasts of that rockwall are a series of small die a ram as somebody has carefully built. >> i have never seen anyone photograph them, i have never seen any of the artisans come in and do their magic, create their art, but it's a great addition to the neighborhood. >> there are four die ram as in

the wall all covered with a plexi-glass shield. all quirky in their own way. nobody knows how they get there except the gardener. >> they are kind of mysterious and i have seen the artist come and kind of be touching up touching up with paint. the artist is a mysterious young woman, shows up, tries to blend in and not be noticed. >> she looks kind of together and she, i didn't talk to her or anything. >> her guerilla artwork is doing all the talking for her. [ speaking french ] >> what he said was that is the most beautiful artwork he has ever seen outside of europe. >> yes, exactly. >> i need your good questions. send them to me at cbs5.com. the last giant to win the rookie of the year award was

john monafusco in 1957. did that end today? that's ,,,,,,,,,,

buster posey became the first giant since 1975 to win the rookie of the year award. the listen, can you hear his name? buster posey became the first giant since the administration to win the rookie have the year award. he was called up in late may, 67 runs batted in, the best pitching staff. joins willie mays and sue paid a who has won the award. we spoke to the rookie via the exclusive hand held. >> it gives me chills to be

mentioned with those guys names that have won the same award to be one of the few giants to have won that award. it's extremely humbling to, you know, be mentioned in the same category as them. >> and from rookie catcher to rookie nba owners of the warriors. peter guber is a movie producer and is bringing his flair for that to sacramento. >> it's a three-letter word, it's a three-letter word, not sex. fun. i want to make this fun. the idea is this isn't the cure for cancer, you know, it may be the cure for cohen but is it not the cure for cancer. >> ring the departed previous owner. rain man, color purple, he has had 50 academy award nominations, you would think they parted the red sea at oracle tonight. there are the saviors, hosting

the pistons, curry, demon take, this built a 32-point lead but gave just about all of it back. the lead down to 4, tracy mcgrady gets the his own rebound, scores. the lead is down to 2 points, 2 points. 11 seconds to go, stripped by dorell wright. that would seal the victory. yes the new owners and a new era had arrived. >> yay. >> larry who. >> 35-0 this season, if a former sharks goally martyrser bay dropping the puck. the sharks clinging to a 1-goal lead. patrick marleau 100th career power play goal. they snap the kings' 6-game win streak. the 49ers have more smiths than a phone book and mike singletary seized the opportunity to make a joke when asked which smith will start sunday. the answer, top 5. >> as of right now smith will be the starter.

who rangers home winners no, we're gonna go with troy. >> he'll be here tomorrow night too. number 4 rangers and penguins, dra bin ski said to callahan, look at the stick handling here ken. keep an eye on the defensemen. the devilsmattiass tiandevve. sore loser of the day. broncos and chiefs. chief coach todd hailey refused to shake the hand of josh mcdaniels after he got beat. michael vick had the game of his life. he threw for 333 yards, four touchdowns, he ran for 80 yards, and another two touchdowns, philly beat the 'skins 59-26. that is six touchdowns that michael vick accounted for tonight. >> wow. like a basketball score. >> maybe one of the greatest come-backs in sports history. michael vick. >> i don't care what sport it

is, always got to say beat la. beat la. >> yes we did. >> we could hear it in san francisco when the ,,,,,,,,,,,,