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phosphor off the stuffgood morning. it is friday january 10th. of i'm james fletcher. and im darya folsom. the flu is reaching tragic levels here in the bay area. the newest totals for deaths from flu-like symptoms. proof river live of if the people across the country to above get a flu shot. all 50 states, as well as puerto rico and the district of columbia. have reported at least one case of this flu virus. has has as "regional"

outbreak of the flu, which isn't as widespread, but here in the bay area, the flu outbreak has become deadly. ther have been ten confirmed deaths in seven bay area four of those were just reported yesterday. two deaths in alameda county. two in marin. and two in santa clara county. one death in san francisco. one each in contra costa and sonoma counties. and one flu related fatality in san mateo county. and many people are going out and getting their flu shots. and pharmacies are gearing up for the high demand. joining us live now in burlingame is kron 4's will tran. will? we're here at walgreen's. they are offering flu shots for $30. other areas are

probably around the same price. this is so important because people are getting the flu and it is proving to be fatal. be sure to go to your area pharmacy to get a flu shot if possible. as the number of flu deaths rises among bay area counties. we're learning new information about the victims. health officials in san mateo county say, a woman who had the h-1-n-1 strain of the flu died. they say she did have an underlying health condition. in that county, there are at least 6 people in the hospital with a strain of the flu. they say. there has been a 200- percent increase compared to last year. of the number of people testing positive for the flu. and officials say, unlike past years, those affected are not primarily the young and old. doctors say, the best line of defense against the flu. is a flu shot. stay with kron4 as we continue to follow this story. we have additional resources and what you need to know about the flu. and vaccinations. on our website. kron4-dot-com.

>>darya:the 49ers take their next step towards a sixth championship this weekend in north carolina. 49er faithfuls are joining the team in the cross- country trek to take of the number 2 seed carolina panthers. for many fans the game is an opportunity they just couldn't pass up. the game is sunday at 10:05. winner advances to nfc championship. kron 4's scott rates is in charlotte this morning and will bring us live updates throughout the show. niners fans have playoff fever. as the team heads to north carolina for the n-f-c divisional playoffs on sunday. we've been asking our viewers to send us pictures. sporting your red and gold. if you have some pictures to share. send them to us at breaking news at kron-4-dot- com. we'll be sharing them on air all morning. cees put vo together. p drive web, niners playoffs folder >>james:the parents of a teenage girl who was run over and killed by two emergency vehicles after the asiana airlines crash back in july have filed a claim against the city of san francisco. in the claim filed this week, attorneys for the parents of 16-year-old ye meng yuan say firefighters who first saw the girl after the july 6 crash should have examined her and moved her somewhere safe.

an autopsy revealed yuan was alive before the vehicles hit her. firefighters told investigators they assumed she was dead and hurried on toward the damaged aircraft. three people were killed when the planed slammed into a seawall at the end of the runway at s-f- during final approach. a defense hearing this morning for richard thomas. the 16 year old boy charged for setting another teen on fire on an a-c transit bus last year. you're looking at pictures of the victim, sasha fleischman.

the teen suffered second and third degree burns while asleep on the bus. thomas is charged as an adult in this case. but his attorney is expected to ask the case be sent to juvenile court instead. don't like the i-r-s? you're not alone a report released by the national taxpayer advocate finds the i-r-s "desperately" needs more funding to do its job . the agency's budget has been cut by about eight percent since 20-10 -- and much of that funding once paid for employee training. the report also finds the i-r-s responded to only 61 percent of taxpayer calls received last year -- and less than half of email and agents are also taking nearly a year on average to respond to identity theft investigations. new mortgage rules take effect today aimed at protecting borrowers from abusive lenders. the new federal policies are designed at reducing the risk of defaults and foreclosures. lenders must now determine that a borrower has the

income and assets to make payments throughout the life of the loan. borrowers should also have a debt-to-income ratio lower than 43 percent in a debt-to-income ratio lower than 43 percent in most and ear morng me. ana paly sny me. d anutsi to car iide de. new trantion® signure adaive nses now ve chroa7™echnogy making themoreespoiveth evetoh so lifcan ok re vid a vibnt. why ttleor a le witone. expeenceife ll l. upgrade ur lses w trsitis®ignare™ expeenceife ll l. female announcer: female announcer: get beautyrest, posturepedic, even tempur-pedic mattress sets, at low clearance prices. save even more on floor samples, demonstrators and closeout inventory. the year end clearance sale is on now at sleep train. ♪ your ticket to a better night's sleep ♪

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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.

live in the weather center waking up to clear and calm conditions. i will talk about the chance for rain this weekend when the kron4 morning news returns.

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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. were back at 515 with an update more on the forecast. people have plans of i what can we expect? for

>>erica: today might not be the day to be outside. right looking pretty likely especially in the east bay and the interior spots today is the day to the outside if you have to were still holding on to ford is along the east bay shoreline san francisco your stepping up to 51 degrees. he may need if you extra layers heading out of the delta. in fact you're noticing a 14 degrees temperature drop. it degrees cooler and vallejo and concord and collect conditions even along parties to a short-lived but the time we reached the afternoon 3:00 today we will see plenty of sunshine and temperatures actually of the former side. we're back in the '50s for just about everyone. mountain view today at 6264 in campbell mid-60s and walnut creek. richmond today checking in with a high of 63 the temperatures are little

warmer than where they should be for this time of year with low 60s in downtown san francisco and 64 year high today in oakland. we really shift gears as we head into tomorrow we are checking a cool front on the horizon. once the system passes and a single county it will start to fall apart so nothing really organized approaching the bay area to some light rain i don't think will see much more than a 10th of an inch and the chances for the north and east bay are great. we could see a few sprinkles and san jose. the chance of showers last until about midday and pass that slow and chronic conditions. high pressure will rebuild by sunday in warmer weather by next week. in fact take a look at tuesday with like temperatures in the low 70's. the 570 let's take a look at the rose now with george. >>george: we're still

looking at generally lighter than usual conditions around the bay area if at this early hour no problems are hot spots. the ride to the bridge is what could as we look at the bay bridge commute the golden gate bridge looks equally good no problems there for the self all right on 92 the san mateo bridge for the commute is a smooth one with light traffic and an easy drive time of 11 minutes and the westbound direction. from here to the richmond san rafael bridge and a look at the commute to the devil lanes leading to the toll plaza and you can see that there is no traffic coming through right now so no backup for the westbound 580 ride over towards iran county. looking at the e shore freeway commute updating some drive times 14 to 16 minutes hercules the berkeley through the san ramon valley a 16 minute drive less 580 looks good. convention to we're just beginning to pick up some slowing for your ride through the often not pass. it's just a little bit here for it as often freeway

slate. we are problem free without delay as was for the north bay almost out of town where you get to the golden gate bridge out of nevada and just about 24 minutes. >>darya: new this morning a new report released this the judge in the colorado theater sh most of the things defendant james holmes told investigators about explosives found in his apartment can be used against them, even though he was denied access to an attorney at the time. the

ruling says holmes wasn't course and spoke voluntarily to the investigators. the judge says investigators were justified in questioning homes without a defense attorney present because direct the explosives pose. holmes pleaded not guilty by reason of insanity to charges of killing 12 people and and that's just entering 70 in the 2012 attack. former nba star dennis rodman left north korea without meeting the country's leader kim jong un appraise the local basketball players he tried. rodman started his third visit to north korea last week spending for days in the isolated nation to assist setting up an exhibition game featuring north korean players and a dozen nba veteran players. the friendly game is planned for kim jong uns birthday on

wednesday. just yesterday rodman has apologize for comments he made in north korea detained american missionary kenneth bae, he had been drinking and was under pressure as he organized a game without former-touch with former nba players. causedand one flu related fatality49er faithfuls are joining week, attorneys for the u-s law enforcement and federal personnel are in russia to provide security advice and support in

advance of the olympics. the u-s will have one of the if largest contingents of athletes at the games. the catch a last nine concern about security following twin bombings on public transit in the city of volgograd. f-b-i director james comey says the olympics in sochi next month will be "particularly challenging" to secure because of how close it is to "areas of unrest and sources of terrorist threat." the top u.s. military commander for africa says the pentagon is planning to train up to 8,000 libyan soldiers to help bolster the nation's security. the u.s.will conduct a 24- week training program to help the libyans in the aftermath of the 2011 fall of longtime dictator moammar gadhafi. the u.s. is also looking into providing additional airlift assistance to south sudan, where violence has killed more than 1,000 people and driven 180,000 from their homes in the last month.

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watching wall street this morning. investors are getting a sharp reminder of the

disappointing holiday shopping season. proving the economy still has some weak points. here's a look at the closing numbers. the dow fell 18 points. the nasdaq lost 9 points. and the s and p added a fraction of a point. futures point to gains at this morning's opening. opening bell at 6:30. for the first time ever, more than half of current members of congress are millionaires. among the 534 current members of congress, at least 268 had an average net worth of $1 million or more for 2012. rep. darrell issa of california, a republican, remains the wealthiest member of congress, with a net worth that averaged $464 million in 2012 stemming from his car alarm business. how's this for an employee perk? google workers commuting from san francisco to the company's silicon valley

campus can now make part of the trek on an 83-foot, wi- fi-equipped catamaran. google launched the free ferry service from san francisco's ferry terminal to the port of redwood city about 26 miles away, where employees can then hop a private bus to work. the charter ferry can carry up to 150 passengers and runs twice each morning and evening, with voyages lasting about 47 minutes each way. it's a decision that could change the rules for online reviews. a virginia court has ruled that yelp must identify

seven anonymous reviewers who left negative comments for a carpet cleaning business. doing so is allowing that business to sue the yelpers for defamation. the owner says the reviewers are not actual customers. and that their comments were false and derogatory. yelp repeatedly refused to release the names of the reviewers. leading a trial court to hold yelp in contempt. the judge ruled that even though the reviewers have free speech rights, they do not cover deliberately false statements. oakland police are searching for a man who went missing on new year's day. th mwholwheatoas♪ wita da of lt, one loveou mt ♪

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. >> welcome back. i

>> is not too bad outside. it is a little bit colder than yesterday. we do not have any weather-related problems on the road. by about noon time was the upper 50s, low 60's. this will bear one monday with plenty of sunshine expected. i will talk about the changes and the potential for what weather for tomorrow. off the time is 5:31 a.m.. >> we are better that not too bed for the commute. the bay bridge toll plaza has very light traffic. the only real slowing is for interstate 580. south bay is enjoying an easy ride on 1 01 and 280. no problems for the bayshore freeway it is a quick trip down to the golden gate bridge. >> oakland police are

searching for a man who went missing on new year's day. luke arduni was last seen at 1:30 a.m. on january 1st at a party. this is a photograph of him. he works at yahoo and lives in oakland. oakland police say that the 28 year-old may need medical attention because he suffers from depression. >> california's corrections secretary says that the state will have no choice but to move 4000 inmates to private prisons and other states. the state faces on april 18th deadline to reduce the crowding. 33 adults prisons are to

improve the care and the sake of the mentally ill inmates, but the governor jerry brown is seeking a three-year delay. that will bring the state close to meeting the federal courts requirement while avoiding the need to send more inmates out of state. >> governor jerry brown has unveiled his $107 billion spending plan for the next fiscal year. the governor's plan comes as the state is already expecting a multi billion dollar tax surplus brown has called for increasing spending by more than $8 billion this year. among other things funding for education as of 10%. but the governor says, the state also needs to pay off its debt to. >> by no means are we out of the wilderness. we have serious issues before us in

terms of long-term liabilities. >> some democratic lawmakers had hoped to see funding for universal preschool in the plan. that budget is expected to play a key role in governor brown's campaign. >> another delay in the sierra lamar murder trial. the lawyer for antolin garcia torres next four and was granted yet to a another continuance. the prosecutor voiced concern that the suspect has not entered a plea since he was arrested 19 months ago. a 15 year-old went missing back in march of 2012. her body has never been found. the judge says that she hopes that the suspect went to ripley at his next court appearance on

march 3rd. >> the state has released a report about the elderly residents who were abandoned last year, at an assisted living facility in castro valley. kron4 dan kerman tells us, the review blames the state agency involved for felling to assure the health and safety of those residents. >> they stated that the senior staff should have been consulted. social services fell short to protect them. they say that this error is a step in the right direction. maligned very rarely do you see an organization or a department like that come out and say the they screwed up. maligned the state has listed corrective action and more training for staff. staff is supposed to stay on

staff until the patients are transferred. >> i am taking them at their word. they said that will work with us and the legislature. that will put assistance in place to make sure this does not happen again. i hope that a year from now the systems will be in place. >> what is not in the report of any disciplinary action for the state officials who visited this facilitate and saw the state that it was that in just left. >> just into the kron4 news, u.s. employers added 74,000 jobs a month of december. the disappointing gain in its 2013 on a weak note. the labor department's stated that it fell from 7% in november to 6.7%. that is the lowest since october 2008. the drop occurred because more americans have

stopped looking for work. the government accounts people who are actively searching for jobs. >> we will be right back. ♪ in touch with the ground

♪ i'm on the hunt, i'm after you ♪ ♪ smell like i sound ♪ i'm lost in a crowd ♪ and i'm hungry like the wolf ♪ straddle the line ♪ in discord and rhyme ♪ i'm on the hunt, i'm after you ♪ [ female announcer ] only yoplait light and yoplait greek 100 are endorsed by weight watchers. it is so good when you're on the hunt for something delicious. 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. >> welcome back. we have been showing you pictures of say fold 49ers fans all morning. nothing beats a special van from dublin who attends every 49ers game. kron4 philippe djegal reports. >> the catch with joe montana. there are 2500 of these that i have signed. >> if she has a lot of 49ers memorabilia or around her home.

>> this is every ticket from every game last year that i attended. this goes all wake-up to the super bowl. >> as co-founder of, a group of 49ers fan made up of women, she goes to all of their home games and is close to traveling to every current nfl game stadium. she is participating in the nfl draft. >> her focus now is when she will be at the big game for some the. >> these are my golden tickets. >> did not be surprised if you see her on sunday. the camera always seems to find her. >> i will get to watch the 49ers' when one more playoff, one more close win to the big game. >> i want to know how she

got a chance to do this. is she someone? does she have her real job? i did i get to do that pripe. the >> call us, i want to know more about you. >> the time is 5:42 a.m.. will be right back. th mwholwheatoas♪

wita da of lt, one loveou mt ♪ i'm detecting increasing levels of happiness. ...and the speed readings are off the chart!

paradise found! luscious locks. great glittering galaxies. the happiest place on earth keeps getting happier! explore more, and save up to 25% on select nights at a disneyland resort hotel. there's no end in sight. i'm going to need more time. >> (male annoucer): now here is stanley roberts who found some people behaving badly. >> i think it is very irresponsible. >> the city of san francisco posted information of how you should dispose of your christmas tree. you are supposed to set the next to your trash bin and also promote all the decorations. >> if the measures more than six 6 ft. tall you are

supposed to cut it and have. >> i looked for what i call the stepchildren of christmas past. near union, there is nothing but trees hanging out on the corner like they're looking for work. let's face it, how they go. >> most of the trees are recyclable except for these. these are the ones with the woman's still attached. or is the basis still attached. >> it is unaware that it may soon look like this. the bad parts, nails on the beach can be trouble. by the way, it is illegal to burn injuries. it is a federal park. >> the fun part is that i know i was see trees to from now to next christmas. if

they give you any idea of how big this problem is. if you want to know what to do with your tree check with your area and follow the rules. >> in san francisco, kron 4 news stanley roberts. >> we are waking up to temperatures colder than 24 hours ago. we do not have it weather-related problems. take a look at these numbers. we are in the '30's for places like a vallejo and fairfield. the temperatures are in the low for this. san francisco is at 51 degrees. as we head to the afternoon we will see mild weather and plenty of sunshine. oakland to that will have a high of 64 degrees. 63 degrees for san jose and 64 for pleasanton. it will be warmer today and we are talking about very mild weather.

>> it is a friday night and you might have plans. very mild weather and upper 40's, low 50's. the rain is not headed our way today. it will be a different picture for tomorrow. we are tracking a cold front that the brain. this system is very organized approaching your rica. take a look at what happens when we advanced. this system will break apart. we're only going to see light rain and scattered showers. the chance for rain is very likely in the north bay. >> just a chance for a spring go along the peninsula. keep your umbrellas handy. what roadway is is a possibility but dryer whether his rumpled a week. >> we have the 49ers' a

playoff game and if your headed to charlotte, the temperatures will be in the mid 60's. they may have the possibility of showers. there weather is not too much different than what we have here. the 7 day around the bay highlights on the warmer weather and we may see low 70's as early as next week. the time is 5:49 a.m.. >> we are looking at good conditions and if you are headed out the door you have nothing to worry about an alternate routes. light traffic is everywhere. the bridge traffic, the san francisco oakland bay bridge is normally were traffic will start to back up and a mean lights activated the that is not the case. next week, was fair return to normal traffic flow. 92, the san mateo bridge is a good ride as well. there are no problems. the westbound side

of the commute is still moving smolt and elected to ride for richmond center fell bridge, interstate 580 traffic heading westbound were it is still a small ride. >> the east bay commuters looking great on interstate 80, 680, highway 4. and say a 580 has slowing. there's something interesting or none in san jose where they have no incidents reported but take a look at 101, i believe this is traffic that is slowing down of yesterday's warehouse fire. this is at 28 and julienne. this is adjacent to the freeway. the people that are driving past may be looking at the operations there were just so it ought to see what is left after the fire. it is an interesting want to look for the commute.

>> football's a biggest in gang is getting more and more difficult for average fans to afford. one fan so upset that he is suing the nfl. josh finkelman decided to sue after he shelled out for a thousand dollars for two tickets/shares of big game. the average ticket for this year's cannes is $3,000 a piece. the lawsuit claims that the leak violated new jersey's consumer fraud act by only releasing 1% of face value tickets to the public. it also alleges that the team's offer tickets, in large print, to resellers, who grossly inflated prices. >> with the demand is so intense and the supply been so low obviously you have and this-that's that comes about, and it's because very

problematic for the common fan who wants to go to the game. >> the nfl says that three- quarters of the games tickets are given to the teams, which sell them at face value to fans who when lotteries. nfl officials says that they're confident that they're in compliance with the law. >> 49ers fans will have to, with another winter rollup the rival to the north. there will not be any more pro san francisco billboard's popping up around the seahawks stadium anytime soon. clear channel outdoor announced a partnership with the state, county, city and seattle sponsors to create a billboard safe zone around the stadium. this comes nearly a month after a billboard near seattle taunted fans for their lack of super bowl trophies the 20 billboards involved will display a " salute to the

best fans in the n.f.l. " along with city and county low blows.ith city and county logos. >> we will be right back. good. good answer.

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. with u-verse high speed internet.

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>> with one of the stars at ddead. the people behind our getting together today to figure out the future of the fast and furious franchise. actor vin diesel posted on his face book page essay that he and others would meet with the studio

sometime today. that will talk about finishing the seventh movie in the series. paul walker's died in a car crash in november. walkers character was central to five of the first six and fast and furious movies, which has are more than $2 billion worldwide since 2001. >> coming up on the kron4 morning new spread a flu outbreak has hit the bay area. in response, there is a high demand for flu shots. >> we are experiencing dry weather here in the bay area. but is there rain in the forecast ? their customers to tell you what the forecast ? their customers to tell you what to expecsafeway presents real big deals of the week. or how to get great deals the easy way. you do enough flying around. that's why we give you real big club card deals.

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will tell you what one victim's family is targeting the city and their first responders. >> are you ready for some 49ers football? we're looking ahead to the big game against carolina. >> good morning. we are following breaking bills. this is about a breach against a target. target just released and that the hackers who took 40 million customer credit-card and debit card numbers also to personal information from as many as 70 million people. that is including names, phone numbers, e-mail's and mellon addresses. target says the there tried to contact every customer affected. the company is offering one your free credit