new at noon, select ri for a northern california family fighting the trump administration's travel ban. good afternoon. i'm michelle griego. >> and new at noon, a mom in egypt medded here to the bay area today to be with her young son on life support in oakland. the state department granted a visa to her.

she's a yemeni national. her husband has been with their son in oak lavend. the boy -- oakland. the boy has a brain disease and it is getting worse. she was blocked under the president's travel ban and soon she will be able to hold her son in the hospital. . >> obviously, we're competed. -- excited. it's still a loss in the win. but we hope that she can make it in time and see her son in his last hours. >> the council on american islamic relations says the mother let get -- wilgeonlit ant the u.s. indinitel the board of supervisors is announcing a $3 million settlement in the andy lopez case. realistic looking toy gun and he was shot and killed by a

deputy sheriff. we're expecting to hear more details in hours and will have updates at 5:00 and 6:00. and a twist in the sentencing for michael flynn. a federal judge delayed it. nicole killion is in washington to explain. >> reporter: the delay came at the request of flynn's lawyers. they said it would allow more time for him to cooperate with the special counsel. sentencing for the former national security advisor was delayed. the retired general expected to learn his fate today. but the judge never got that far. ynatsked for delay flynn's conduct, saying i can't hide my disgust and disdain. flynn will continue the cooperation with robert mueller and return for a status report in march. flynn pleaded guilty to lying to the fbi about contacts are i the presidential transition in

2016. after chargeds flynn -- charged, flynn cooperated. mueller recommended 0 to 6 months in prison because of his assistance. president trump fired flynn for lying to vice president pence and has shown sympathy for him, at times calling flynn a great person. sthorng, the president wished him good luck and said flynn was put under tremendous pressure. flynn is one off five trump aids who entered a guilty plea in the probe. president trump repeatedly called the mueller investigation a witch hunt and said there was no collusion between his campaign and the russianings. -- russians. a short time ago, the white house said the sentencing delay is something between flynn and the courts and wished him well. in illion kpix5. umtence of five years

flynn's plea agreement states he is eligible for a sentence of 0 to 6 months and can ask the court not to impose a fine. a box truck slammed into a prius in union city and left one dead. it happened on the off ramp at 4:00 a.m. it looks like thetruck hit it in the driver door and the force of the impact spun the car around several times and scattered debris across the lanes. the driver of the prius died at the hospital. the truck driver stayed' scene and cooperated with the investigators. it slowed down traffic during the busy spreks -- streks for kuch -- intersection for much of the morning commute. and chavez street is back open after a manhole. a broken water pipe caused the hole to open up and crews worked through the night to rare it. the city of berkeley held a

news yofrj to -- conference to draes a -- address a study that finding closing the hospital in baeshg lee -- berkeley will have fepoor, elderly, and uninsured patients and lead to longer wait times in nearby emergency rooms and cause delays in ambulance transport. >> the findering con frm -- findings confirm the wours fears. -- worst fears. our health and safety depend on it. the hospital has been part of the community for more than 100 yearings. a trite overnight l -- vital resource. >> it's set to close in the year 2030. right now, san jose leaders discussing new rules for electronic scooters. if approved, the city could be fencing, a network to determine

the locations and lock them. city leaders are weighing how to carry out a permitting program. that will begin in 2019 and charge scooter companies $2500 for a perm this morning, the surgeon general officially declared teen vaping an dem. he -- epidemic. he issued the ruling this morning. the use has skyrocketed for high schoolers 78 % in the last year. vaping among middle schooler rose by 50%. >> we must protect our nation's young people from a lifetime of nicotine addiction and associated problems. >> the unprecedented rise in use is due to how conceal reasonable they are with many passing as flash drives. and there's stepping to crack down on the access to flavored e-cigarettes, the driving force of the epidemic.

and a live look at the big board on wall street. the dow is down. not much. diane king hall reports from the new york stoj exchange -- stock exchange. >> reporter: the dow jones opened in the green, up more than 200 points tuesday. air positive -- a positive sign for investors worried about a slow down. . >> the markets go up and down. we're looking for a steady pathologist earn of store -- pattern of support. >> reporter: on monday, the dow dropped 507 poipts with widespread losses. the s&p 500 and nasdaq closed deep in the red. the health care sector was among the hardest hit after a judge ruled obamacare was un unconstitutional. year's forecast and an expected fourth interest rate hike this year. president trump tweeted this

this morning. . >> reporter: the trump administration touted low unemployment and strong economic growth. but the ongoing trade war teen the u.s. and china spooked invoes tors. >> -- invest tors. >> -- investors. >> wall street wants trarns parns and -- transparency and information. >> reporter: the dow could be on pace for the worst december since 1931 and deliver a big hit to americans' 401(k)'s. cbs news, new york. the holiday -- new york. the holidays can be challenging for families in need. local xhaens and volumen -- companies and volunteers are iv-- mleis d to make sure thhav >> reporter: that's right.

we are live at the whole #2350ds in walnut creek -- foods in walnut creek. for the tenth year in a row, and we were talking about this. how easy it is to give and donate. >> exactly. couldn't be easier. just bring in nonperishables into the store. we prefer the nutritious items. cookies are okay. but focus office building beans -- on beans, pe -- peanut butter, thirngs like that -- things like that. or donate at the register. >> reporter: and you can't miss the bins in the store. >> we have those in all of the tors and it's -- stores and it's easy to drop off. >> reporter: you're a region chef with whole foods. i love the healthy options. >> gep, we want -- again, we want people to have access to healthy food for the pantries and the needs of the family

during the hols. >> reporter: and -- holidays. >> reporter: and how is it to know you're giving back and helping the xhurnt? >> -- community? >> it feels great. so many of us have a lot to be thankful for and it's an effective and easy way to give back. >> reporter: coming up, we have a generous check koe donation -- donation and the full forecast coming up. >> we'll check back later. thanks. still ahead, hollywood loses an icon. a look at the career of penny marshall. and an underground tunnel system to move people faster than subways can. elon musk gets ready to unveil his latdest project -- latest project. >> a year after launch to get this thing working. >> it laurjed from the -- launched from the san francisco bay and it's run into hiccups. why the ship to clean the ocean

sad news in the entertainment world. actress and comedian and director penny har marshall -- marshall died. she was known for the role as laverne in laverne and shirley and directed movies. marshall was treated for brain and lung cancer in 2009. she died from corp. indications -- complications from diabetes. and elon musk is ready to give the green light to its underground transportation tunnel in lax.

the -- los angeles. it tart starts starts near the space -- starts near the spacex headquarters. passengers carried on electric platforms and can reach speeds of 130 miles per hour. tours through the tunnel are by ip viet only. and it was promoted as a solution to plastic pollution in the ocean. now, this big device is not making a dent in the garbage patch between california and hawaii. the floating u shaped boom has not swept up any plastic waste. it's moving slower than the plastic, allowing the trach to float away. the innovate tor is confidence it will be fixed. >> it will go faster than the mras ig -- plastic. we will figure this out in the coming months. >> engineers are expected to spend the next few weeks

widening the device's span so it catches more wind and waves to make it go faster. and to weather, speaking of waves, very big waves this morning. not quite as high as yesterday. but a high surf advisory is in effect. that means large, breaking waves and a coasting hazard. mary lee is live. she's safe and dry with the full forecast. mary? . >> reporter: that's right. we are still watching the waves out there with the high sur advise roy -- surf advisory still? effect. i'll get to that in a moment. the doppler, we are tracking a few showers for the north bay. scattered showers and the showers are moving west to east. but you can see for the north bay on high definition doppler r , there are light showers. a live look at the cliff house cam to ocean beach. you can see the waves out there. temperatures right now in the #50s and 60 -- 50s and 60s.

concord, 63. oakland, 55. and downtown san francisco, 58. san jose, 60. and santa rosa in the low 50s. the north bay is getting a few showers out there. the high surf vise ri. that -- advisory. that until 5:00 p.m. rougherthan normal surf. not as massive with the waves. still, we are talking about the dangerous conditions. the swell, 16 to 20 feet and breaking waves, 20 to 30 feet high. use caution. is storm track just to the north, we are that canning an -- pper lel low and a few showers for the north bay. let time it out hour by hour. for the most part, we are dry. showers for the north bay through the rest of the afternoon and into the evening. again, the spotty showers with that low to our north. and close enough to the north bay there. let's go to tomorrow.

wednesday at 7:00 a.m. with areas of low clouds and fog to start the day and plenty of sunshine as high pressure briefly builds in. thursday, increasing clouds and light rain as we go through thursday evening. so watching that for you with the weather system. stronger weather system will be sunday and monday with widespread rain. sunset, 4:52. sunrise tomorrow, 7:20. the highs today, upper 50s and low to mid 60s. here's is seven-day forecast -- here's the seven-day forecast. plenty of sunshine tomorrow. the next weather system arrives thursday evening and early friday. dry saturday and a stronger storm system sunday and monday. back out here live, we have a g -- donation. we have marathon petroleum and amazing high schoolers from concord high with us all for

this amazing check presentation. and nicole, how important is it for you to give back? maon, e itted to seshing the communities -- serving the dmunts -- communities where we work and livement. and that's -- live. and that's year round throughout the year. families are in need. one of the signature events is the scare away hunger event. we work with concord hul and is -- high school and the students trick or treat and we raised 15,000 pounds of food in a night. >> reporter: incredible. how far does this go for bay area families? >> we appreciate marathon's partnership year round. hunger does exist all year long. and this particular donation will help provide about 44,000 meals throughout the year. >> reporter: incredible. amazing. i want to get to lily. concord high school student. how is it for you to give back? >> i'm grateful for the

opportunity to be part of scare away hunger. i didn't think i could serve the community in this way particularly. but i'm grateful to have the opportunity. i never thought i could make an impact like that. >> reporter: that's great. thank you to aulg of you for coming by and for this amazing donation and for all of you -- all you do for the community. if you would like to give, go to kpix.com/give to do so. back to you. >> thank you. well, if you watched tv in the 1990s, chances are you know the dance. ♪ [ music ] >> coming up, why the actor behind the carlton dance is now suing the maker of a popular video game.

the signature moves of a former sitcom star at the center of a legal battle with fortnite. fesh presence of -- fresh prince of bel air star fons fops is sue -- alfonso ribeiro is suing over the use of the carlton. . >> there's a lot of case law surrounding the copyright of

music, lyrics, sound. as a full body of case law related to that. regarding dance, that does not xit. >> he claims he never gave permission or received compensation. gamers can choose the victory dances for $5 each. other clebties -- clebties -- celebrities filed louts too. >> -- lawsuits too. >> we've been practicing the carlton here. >> exam exactly. -- exactly. >> the foot thing. that's comp at a time kated -- complicated. fortnite presents a challenge for shoppers. the basic version is free. you can buy a girt card so your gamer can buy outfits called skins, weapons, or dance moves for the characters. soup ir smash brothers ultimate

features occasions for older games like mar oishgs shgs -- mario. and there's pokemon, let's go for the nintendo switch l. and the mario -- switch. and the newest mario cart game. we'll be right back.

coming up at 5:00. knew details nsh new details -- new details in the terms of a

settlement of a boy shot and killed while carrying a toy gun. >> that's it for us. remember in efft along the coastline today. actually, you'll be luck ri along the -- lucky along the coastline. it's a gorgeous day. >> go and enjoy it. and we'll practice the carlton. ready? >> we have work to do. have a good one. this little home of mine,

♪ i'm gonna let it shine. ♪ it's energy saving time, ♪ i'm gonna reduce mine. ♪ californians all align

♪ to let our great state shine. ♪ let it shine, ♪ the power's ours to let it shine! ♪

>> hope: i wish i didn't have to ask you that, but given how you feel about taylor being a part