>> reporter: 13 year old jahi mcmath came to the hospital december 9 to have tonsils removed. they suffered a brain injury and was considered brain dead. a judge ordered a pediatrician to do an independent examination. the exam began at 3:00 this afternoon. but no matter what the results are, the teen will remain on life support at children's hospital until december 30. thanks to the extension of a restraining order. >> that gives the family time to find alternate arrangements and gives time for jahi mcmath to come to life. >> reporter: but physicians say that is not hospital. the chief of pediatrics said we have the deepest sympathy, but the ventilator cannot reverse the brain death that has occurred and it would be wrong to give false hope that jahi will come back to life. >> reporter: and the family says it is their goal to move jahi mcmath from children's

hospital to a long-term care facility. coming up at 6:00, we'll explain more about the obstacles involved in doing that. live in oakland. more details on dr. fisher, who will be examining jahi mcmath. he has 20 years of experience. he went to ucsf for medical school and did his internship and residency at johns hopkins. you can follow any new developments on the website, www.ktvu.com, click on the top stories tab. a quality air alert is in effect. another has been issued for tomorrow. this means no woodburning unless it is your own source of heat. this is the first spare the air day after a series of 11 consecutive alerts that ended last wednesday. the solution is expected to rise to unhealthy levels. today is the start of a new series of spare the air days that could include christmas. for more on the latest stagnant weather pattern and how long it

will last, let's check in with mark. this time of year, we'll have a spare the air alert. the area of high pressure moving in, a stable weather pattern, a stagnant weather pattern developing overned. as you can see, we have some fog offshore, the main feature is this area of high pressure drifting in and strengthening across the state. that's why it warmed up today. having a big impact on air quality. another look outside, this was the scene at 3:30 looking on the toward san francisco through all the haze. there is the spare the air alert issued for tuesday. as far as air quality levels, the numbers are low, but going back up to the orange category for the entire bay area for tuesday. the north bay, the coast, and central bay, the east bay and santa clara valley and we'll have more alerts over the next few days, the weather pattern is not changing much and could include your christmas day. in 15 minutes, we'll take a look at this and highlight the warming stance of the week and

prospects for rain in the extended forecast in 15 minutes. the holiday shopping rush is on with many stores saying open 24 hours a day until christmas eve. the deep discounts and extended hours don't seem to be helping. for the third straight week, sales at stores have dropped, according to the research company, shop err track. last week, they were down 3.1% compared to the same time last year. however, it is important to point out these numbers do not include online sales, which are expected to soar this year. christina rendon has been talking to shoppers all year long, what are they telling you. >> reporter: they are doing the last minute shopping. this is the store they are stopping at. toys-r-us in pleasant hills. they don't close until 9:00 p.m. christmas eve. if you forgot something, you can stop here. they will be open. they are actually logging 87 hours straight of shopping. now, most of the shoppers say

they just forgot one or two things on their list. but some people say this is what they do. they like to wait until the last minute to shop. a spokesperson for toys-r-us says they expect the rush in the next couple hours as people get off work. they along with kohls and massies, and the shoppers like the convenience. >> thank goodness they are. for some us that have to wait until payday. for all of us parents that don't have, you know, an abundance to buy it throw months or a month or two in advance. it is great. >> reporter: there are other stores not open 24 hours, but have extended hours. we're talking about target or even the sun valley mall down the street. people say they will be taking advantage of that extra time. if you do plan to come out here, just take a little extra time for yourself. you may spend a little more time in traffic than you will be standing in line to actually

get those last minute toys. live in pleasant hills. today and tomorrow are going to be busy with the last minute shoppers, but it is what didn't happen this weekend that has some experts concerned. coming up at 5:30, more on the new figures and what they mean. a group of protestors left behind a mess after being removed from outside the federal reserve bank in san francisco. while camping out, the protesters drew a mock version of a monopoly game board on the sidewalk. public works crews were out this morning pressure washing it away. the group, which included members of occupy san francisco was protesting the policies of the federal reserve, that was created 100 years ago today. scores of 49ers fans are heading to candlestick for the

last game. they have been decorating their cars with 49ers flags and other meme row bill i can't. it is bound to be an exciting game with the closing of candlestick stirring emotions. history will come to an end here. >> reporter: candlestick park is the stuff of legends. great football, great concerts, great stories, and just today, another one of those stories unfolded before the fans, even stepped inside the gates. >> this is awesome, san francisco farewell hats we made. >> victor suarez's shop is selling clothing for the closing of candlestick. one post stood out after the get away. >> it says 500 bucks later i found i have fake tickets and i have to miss the game.

>> the native san franciscoan prepared to make someone else's holiday dreams come true. >> i called her and said you are going to the game. i will give you my seats, they are real. you will get in there. merry christmas. >> thank you so much. >> here you go. this is from us, over at derby of san francisco. these are my seats. >> and this woman wanted to buy the tickets as an anniversary gift for her boyfriend, eric lopez, and saw what looked like a good deal on craigslist. >> when i looked at them i realized these are not as real as i thought. >> today, she says, christmas came early. >> i'm sorry you got burned. >> thank you so much. >> that really happened? that's horrible. >> it is. >> 500 bucks. >> now they are ready to create some final memories for the last regular season game at candlestick park. >> for him to do something like this fours, this shows, you know, what type of person he is. it is great. >> lopez says the best way to

top off the day is a win for the final 49er regular season game here. we are live at candlestick park. and what a cool story. we posted old video and photos of the past decade at candlestick at www.ktvu.com. click on candlestick memories. you can say farewell to the stick by sharing the facebook page and tell us your favorite memories or tweet us to us with the hashtag "farewell candlestick." the former building commissioner in san francisco is accused of ducking fees on his house, which collapsed last week. he saved 15,000-dollar in permittivities when remodeling the aging home. his part provided a low ball estimate of the construction cost tied to the renovation project. you will recall, part of the house slid down a hill last week in the twin peaks

neighborhood. the bart board of directors will have a meeting regarding contracts with the unions, seiu local 1021 and atu local 1555 agreed to remove a family medical leave provision. the board says it was mistakenly left in the contract that was signed off back in november. it could have cost the district tens of millions of dollars potentially over the life of the contract. the board is set to vote on the new agreement on january 2nd. with christmas just a couple days away, holiday travel is in full swing at bay area airports. they are expecting big holiday crowds this week. 130,000 air travelers are expected to go in and out of san francisco international just today alone. oakland international and san jose international say things are running smoothly. they expect the peak holiday travel to spread out over several days before and after

christmas. and during this holiday travel rush, gas prices are unchanged across the country. aaa's fuel gauge report says the nationwide average is $3.25 day, up from a week ago, and the same as a year ago. in the bay area, gas is $3.66 and prices in san jose are up. mother nature is dishing out a wild mix of ice, snow, and flooding in some eastern states. as andrew spencer reports, the weather is being blamed on several deaths, power outages and in one city, spring like weather. >> the past few days brought a did i see arrest mix of weather extremes. shoppers stood in and you and watched ice slide off the roof. luckily, nobody was injured. ahead of christmas,

temperatures are expected to be 25 degrees colder than normal through the plains. in toronto, ice thick enough to skate on covers this driveway. ice on trees and lines knocked out power to business. in hughes, arkansas, there was an ef-2 tornado that destroyed three homes and ripped off the roof of a barn and killed one and injured others. flooding in kentucky killed five over the weekend including three that drowned in the river. two people got out of the car, they were hospitalized with hypothermia. the lake effect has enhanced the snow fall in the upper midwest. it is not necessarily a problem. look at these pictures from wisconsin. and get aload of this. a record breaking 70 degrees in new york city sunday, despite the winter warnings upstate. i'm andrew spencer reporting. a puppy rescued from the trash.

now the incredible demand to adopt the poodle and how her new home will be picked. >> this morning alone we received 100 phone calls within three hours. >> another winter spared air alert for the bay area. i'm tracking the chances the warm weather will last through christmas. after the break, an affordable care act deadline extended. why the extra time may not apply to you.

. a golden gate ferry boat is up and running after being taken out of service this morning with mechanical problems, they canceled the 7:30 run this morning, but the return run is on schedule. golden gate officials say the traffic was light this morning because of the holiday week and the cancellation did not have the same impact it would have during a normal commute. veterans groups are

fighting against a provision of the new budget deals that limits pension increases. under the agreement, military retires younger than 62 get a smaller annual pension increase. after protests from the military community, lawmakers say they plan to take another look at the issue and reverse it possibly. the commission studying the issue is set to make recommendations next may. a tour bus skidded off a freeway ramp into a ditch in southern california. they believe speed was to blame for the crash. it happened 4:30 this morning in baldwin park near los angeles. the driver lost control as the best exited the freeway. it slammed into a pole and landed on its side. 39 people were on board. 13 hurt. all are expected to be okay. last month's shooting at lax is changing the way law enforcement responds tomas shootings in la. a gun man shot and killed a federal security officer during the rampage at the airport.

the la times reports armed officers will now protect paramedics and firefighters as they enter dangerous areas during active shooting incidents. the goal is to treat shooting victims more quickly. the state's health insurance exchange has seen record traffic as the deadline looms tonight for coverage starting january 1. ktvu's paul chambers is in concord and tells us why the deadline was extended in some states but not in california. >> reporter: we're outside the call center in concord. they had record enrollment over the weekend. cover california says today the calls came in by the hundreds. the center here in concord, they signed up 77,000 people for coverage, which is more than twice the number of people it enrolled all of october. with the deadline for coverage to start next month, hours away, coverage california says the key to start the enrollment

process is before midnight. >> long as you make a good faith effort, we will try to help them get to the finish line and have their applications completed, so that they can receive coverage by january 1. >> coverage california says it is allowing people that added time because people ran into long waits on the phone and glitches on line but did not want to change the deadline like the federal government because they don't want confusion in the state. on top of that, cover california is dealing with one time zone, one state, unlike the federal government. back out here live you have once again until midnight to do it online. you can call here at the call center before 8:00 tonight or drop an application in the mail as long as you get all the stuff done by the deadlines, you should be okay, and properly enrolled for cover california. live in concord. let's talk about the weather now, it is almost christmastime. it sure doesn't feel like it outside. >> more 60s and record heat

today here in the bay area. the warmest location is in the mid to upper 6 '50s. a few neighborhoods could approach the lower 70s. the temperatures from this afternoon, if you thought it was warm today, lots of 60s in fremont. there is a record in report in downtown oakland, 67 degrees. the old record was 66. as far as the latest on the satellite, we have some patchy fog redeveloping near parts of the immediate shore line close to monterey bay. you could have a few patches work in the region overnight. we have a few high clouds moving into parts of the north bay, so partly cloudy skies there. current temperatures now are in the 50s in san francisco, 55, san jose 58, anthem 60s, and santa rose a is 63. still mild out there. for tonight, we have mostly clear skies, except for christmas, a cool morning and

sunshine. here is the live camera looking toward san francisco. the emparka dear on lights look clear. we have the spare in air alert for tomorrow. for tomorrow in san francisco, mid 40s, on track to reach the upper 50s to lower 60s and the extended more clouds and temperatures will be cooling off, but no rain clouds yet in the five day forecast. as far as overnight lows, first things tomorrow, coolest locations are in the 30s for santa rosa. possibly half moon bay. san jose, 42 degrees. the plan for tomorrow, in the north bay, patchy fog and dense fog around santa rosa. i expect a repeat performance tomorrow with patchy fog to start out the way in santa rosa. we have mostly sunny skies and the east bay forecast, in oakland, starting in the lower 40s, on track to reach the mid

60s. livermore approaching 66. most of the area will be warmer than today. patch fog near the shore line. san francisco warmer than today. we'll have 63. and pacifica had patchy fog and a high around 60. the south bay, hazy sunshine. morgan hill and gilroy, at 7:00, you can see the temperatures in the upper 30s to lower 40s, a nice recovery in the afternoon and tomorrow back in the upper 60s by about 3:00 or 4:00. here is a look at the forecast highs for tuesday. santa rosa 6, san francisco, 63, so these are the highs for christmas eve there. the numbers a touch warmer than today. san jose will go with 67 and half moon bay 61. the five day forecast, you can see this as we head into christmas. the mild weather pattern remains in place, we'll thicken up the cloud cover by the weekend and a dropoff in the temperature with the weekend in view.

no rain clouds showing up at all. in a few minutes, we'll take a close look at the christmas day forecast and have the tahoe travel forecast as well. . >> see you then, the buyout involving two men's clothing companies is off. also ahead, the deal that apple signed that could expand its customer base by 700 million people. and the bay area shopper takes on target. how the shopper plans to get even for the big box store's security breach. plus the america's cup could be sailing in the bay area a second time. one of the rest's toughest critics said it is not a bad idea. these stores an more at 6:00. . starting at $99.

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. no sale, that was the response from joseph banks to a buyout offer from men's warehouse. joseph a. bank rejected the one and a half billion dollar bid. the two men's companies have traded buyout offers over the past few months with each turning down the other's offer. the stock of both companies fell today. . apple took a big step to expand the iphone sales in china. the tech giant signed a deal with the world's biggest cell phone provider to sell iphone in china. it will expand the customer base by more than 700 million people. as a result, apple stock rose $21.07 a share to close at above $570, a gain of almost

four percent. the news from apple pushed the nasdaq higher. it rose 44 points, the dow gained 73 and the s&p added nine. the fbi released the photo of an man that is wanted for a murder in santa rosa. this is a gang member that was involved in a shooting last september. he is also wanted for racketeering and conspiracy. the fbi says the man has connections in california and arizona and anyone who sees him should call 9-1-1 or the fbi. this year will bring changes to the snow globe music festival at lake tahoe because of what happened at the event last year, 19 year old alyssa burn wandered away and her body was found in the snow. they will have double the number of buses compared to last year and extend the hours of a heated tent. that event will run from december 29 through the 31.

the men who founded twitter will now sit on the board of directors for the walt disney company. they say jack dorsey will join the board. he quoted walt disney and said "i hope we don't lose sight of one thing, that it was all started by a mouse." besides twitter, jack dorsey founded the mobile payment company, square. a new twist in the fight over public pension reform in san jose. a judge rules today on san jose's pension reform measure. we'll tell you the changes that are coming and why the fight is not over yet. new numbers are out on consumer spending. where sales were strong and where they were sluggish. and the key court ruling in the battle over same sex marriage in one of the most conservative states in the nation.

. this is channel 2 news at 5:00. san jose's historic attempt at pension reform was dealt a big blow today in court. the city was told it could not tamper with how much workers

contribute to retirement benefits. we are live at city hall, where there are no clear winners or losers. >> reporter: people at city hall have been waiting for the court decision, both sides are claiming a victory, but not enough to resolve a dispute over pension reform. >> reporter: the fight over pension reform has been looming over san jose hall since last year, today a judge ruled san jose could not make current city employees pay more for retirement benefits or take away the cost of living adjustment from retires. >> it means the employees will not have to bear a possible burden and lose up to 40 to 50% of their salary paying for attention plan that has always been the responsibility of the city. >> it guts the mayor's pension measure, measure b. it says that what measure b tried to do was illegal. >> reporter: opponents of measure b say they hope the ruling will stop the flow of city employees from leaving. >> that is good news.

whether it is enough to stop the exodus, i don't know. there is so much damage brought by the mayor. >> they say measure b has not been gutted. they were allowed to cut pension bonuses that will save $20 million a year and even if the city cannot make employees pay more for benefits. >> it is clear the city can cut pay, and utilize those savings to pay for the benefits. >> by phone from washington, dc, the mayor agreed and said this is just another round in a long legal fight. >> i think both sides are likely to appeal. we need to get this to the california supreme court, so they can tell everybody what the law is. >> reporter: both sides have about two weeks to give the judge input on the temporary order before a permanent ruling. at this point, both sides will also have a better idea if the dispute can be taken back to a bargaining table, or a courtroom. live in san jose. san francisco police say the victim of an early morning

shooting is not cooperating with investigators. officers say someone critically wounded the man about 1:40 this morning near a nightclub on howard street. police say the man will not say who shot him. we now know the name of the man that was killed in a bar fight at a bowling alley in antioch. they found 41 year old kelvin smith unconscious last friday at delta bowl. he died later at the hospital. a 24 year old man from pittsburgh turned himself in and is facing homicide charges. investigators say smith and is suspect knew each other. as the clock strikes midnight on new year's eve, alten campuses will become entirely smoke free. in a statement on the website, they say it is taking a proactive approach and creating a clean, healthy, learning environment. starting january 1, the new tobacco free policy will apply to cigarettes, pipes, cigars,

chewing tobacco and e cigarettes. that is inside and outside buildings, including parking lots, sidewalks, and residential areas. a warning tonight from doctors about the risk of heart attack during the holidays. a sociologist says cardiac deaths increase on christmas day, the day after, and new year's day, that is 2000 extra deaths. doctors point to several seasons including heavy drinking, large weather, and stress. they say many people tend to ignore symptoms during the busy holiday season. the data breach at targets is spurring lawsuits. the breach involved the credit and debit card information for as many as 40 million target customers. already, two class action lawsuits against target have been filed in california. in addition, attorneys general in new york, connecticut, massachusetts, and south dakota have launched their own investigation to find out when target knew there was a

problem. the secret service is also investigating and coming up tonight at 6:00, we'll take a deeper look at one of the lawsuits brought by a woman from san francisco. target is among the major retail companies that say their sales are down this holiday season compared to last. but we hear there are some hopeful signs. >> reporter: with just two days left for holiday shopping, americans are flocking to scores across the country, even overnight. >> i saw the store was open all night. i thought, well, this is not out of line. >> reporter: for some retailers, long lines at the checkout counter was a long line, customers shopped less on friday and saturday, two of the four most important shopping days of the season. >> experts say the visits to stores fell seven percent this year compared to last. one big box store seeing less traffic was target. a retail consultancy group says the number of transactions at target slipped three to four percent this year amid news that hackers stole data from up

to 40 million credit and debit cards from shoppers that visited target stores in the first three weeks of the holiday season, in the wake of the breach, chase filled in two million customers that used the cards at target that they can only take out a hundred dollars a day. other banks said to be taking steps to protect accounts but not canceling cards. >> if i decide to cancel my card i should be able to. otherwise, don't cancel it for me. >> reporter: there is a bit of cheer. online sales are holding strong. they say despite the numbers, this is turning out to be the most competitive holiday season since the recession. while christmas eve is tomorrow, retail me not says the shopping season is just getting started. eight out of ten americans plan to keep buying after christmas. . some holiday shoppers are buying gifts for those in need. sacred heart community service

says every child will get two toys and a book this year, they say it was 2000 gifts short as of last friday, but thanks to a lot of donations over the weekend, they managed to hit their goal. gay couples are tying the not in utah today after a federal judge refused to grant a request for a stay from the governor. many people lined up for hours before dawn after the judge's ruling last week said same sex marriage legal. the acting attorney general said he is working on an appeal and by late this morning filed a third request for a stay. but it was not granted. last week's ruling makes utah the 18th state to allow same sex marriage. the state attorney general in ohio is also planning an appeal against a ruling that weakens the gay marriage ban there. the judge ruled today that gay marriages must be recognized on death certificates. he says ohio does not have the right to strip the marriage designation even if the marriage was in another state. it began with a lawsuit by two men's whose spouses died and

wanted to be recognized as married on their death certificates. an animal shelter is inundated with requests to adopt a puppy. why this poodle captured the hearts of so many people in the bay area. i'll tell you why. because it is so cute. what doctors say pregnant women should eat to prevent nut allergies in their unborn children. and the unusual request by the man cued of running a huge online black market drug ring. aaçó@

. >> the california charter school association has recommended closing a charter school in antioch. ramp charter academy is designed to help at-risk students catch up with their peers. they say the association believes that ramp is not making sufficient progress on its standardized test scores. school administrators say the shall population makes the test results misleading. they are looking for a person that shot and killed a 34 year old at an apartment complex. they found his body in the complex parking lot about 8:15. that was in the 2800 block of red foot parkway. that was 27th murder this year. a man that was killed by a

truck is identified by the coroner's office. the truck backed over him on friday at jones street in the tenderloin neighborhood. this was the second accident this year involving a truck. back in may, one of the trucks struck and killed a bike rider in the mission district. the man accused of being the master mind of the massive online drug market wants something from the government. he was arrested in san francisco back in october. as part of a crack down on the black market website called skill can road. he was the dread pirates and asked the government to return more than $30 million in bit coins seized from his computer. that is a digital currency used online. a christmas meeting of two popes. pope francis got a warm greeting from pope benedict at his home in the vatican. they talked and prayed together. benedict is 86 and the first pope in 600 years to resign, he said a younger man needed to

lead the church. pope francis is 77. a puppy dumped in the trash now has a new lease on life. more than one hundred calls to san francisco's animal shelter all about that little puppy that apparently was thrown away. hollywood executives make a decision on the latest "fast and furious" movie in the wake of paul walker's death. the bay area locked in a mild weather pattern, a close look at the christmas day forecast and lake tahoe travel weather outlook if you are heading to the sierra. avo: the volkswagen "sign then drive"

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. a day after we reported the discovery of acute puppy found in a garbage bag, the phone has not stopped ringing at the san francisco animal shelter. people all over the bay area and beyond are looking to adopt the dog. we tell you about the extensive, hi, ken. >> reporter: heather, san francisco animal care and control has many questions. they want to know who put the pup in the trash and want to find the puppy's owner. one thing is clear, they will have little trouble finding someone willing to adopt her. >> the phones at san francisco animal care and control have been ringing off the hook. calls from around the country, all because of this face. and the story that brought this puppy here. >> it is just this morning alone we received a hundred phone calls within a three hour window. >> she has been named gem, a

precious find among the trash near candlestick point. they were sifting garbage point whether they spotted her in a trash bag. >> we stopped the line in time, before it fell in the pit. >> gregory foster and fellow employees saved gem and called animal control. >> we pulled it out, examined it. the puppy was frightened and scared. >> the whole situation, she went through it was traumatizing. we don't know how many days she was in the truck. we don't know. >> gem had wounds to her neck and injured her leg. she will recover but it may be weeks before she can be adopted. but calls are from people that want her. one dog with a waiting less of more than 60 people. >> but there are other gems at

the shelter looking for a home. >> they can always come to the shelter. we have other lovely animals available. >> reporter: i checked with the shelter. the list of people that would like to adopt has now grown to more than 100 people. they say they are not sure how they plan to ultimate adopt her because of complicated medical issues. we heard from the family of the man that found her. they say he now would like to adopt gem. in san francisco, ken pritchard. everyone wanting a gem. mean time, a bay area family gets it stolen kitten back. a hotel manager found the kitten, named arizona, yesterday, after seeing news reports, a surveillance camera captured this footage of two women that were at the shelter at the same time arizona was taken. they are trying to identify the two. eating nuts while pregnant may protect your unborn child

against developing certain allergies. researchers at children's hospital in boston found women that ate nuts during pregnancy lowered the chances of being allergic to nuts. the authors of the study say the data is not strong enough to prove eating nuts actually helps lower allergy risks and they are urging further research on the subject. four south african office workers suffered injuries after the wing of a jet sliced in their office building. the plane was taxiing this morning at the airport, just outside of johannesberg. passengers posted photos, there were 200 passengers and crew on board. no one was hurt. according to the civil aviation authority, the plane was too wide for the taxiway. let's talk about the weather, i have friends in from back east for christmas, they can't get over the weather.

>> amazing. mid to upper 60s, usually there is rainfall in the bay area. that's not been the case all month long. the warm weather will continue through christmas and longer than that. you can see some patchy fog redeveloping near parts of the immediate coast line, to the south, closer to monterey bay, near the big sur shore line. there are high clouds moving in parts of the north bay. mostly clear, partly cloudy skies, lots of haze out there, air quality coming down for today. as far as temperatures currently, san francisco now checking in at 54, san jose, 58, santa rosa 60, and fairfield is 53 and mostly clear skies. we now it has been dry for the calendar year of 2013. you can see the impact here. basically, san francisco, these are the four dryest years. look what happens, there is a good chance, you can see certain the 2013 will be the

dryest calendar year in san francisco, only 5.59-inches in downtown san francisco and no storms. really having a big i pact on the water supply across the state. and right here in the bay area. there is a cold front not bringing rain for us, staying up to the north. high pressure still in command of the weather, a day of significant rain in the bay area. that was does 6, a few weeks ago. as this area of high pressure remains in place, we'll have the dry weather through the remainder of the year. there is a slight chance of sprinkles for saturday, the 28th, but the main impact is a few extra clouds and cooler temperatures. between now and then, hazy skies and the temperatures max in the 60s. lake tahoe dry as well. tomorrow, partly cloudy skies and overnight lows in the 20s, on track to reach the upper 40s. no big changes for wednesday, thursday, and friday, for christmas, partly cloudy skies an temperatures on track to reach the upper 50s. once against, we have the spare the air alert for tomorrow.

mid 30s to the 40s. hazy sunshine at 12:00. by 3:00, it will be mild out there. once again, about the same as today, could be warmer in a few spots, here is a look at the forecast for tuesday. san francisco, 63 degrees, son jose, 67. santa rosa 68, for christmas eve. here is a look ahead, the five day forecast. the temperatures, not a big change. after the cold start in the morning, temperatures recover nicely in the afternoon hours. here is the christmas day forecast. a closer interception coming up for you. opening presents at 7:00, partly cloudy, mid 30s to 40s, and mostly sunny, the temperatures maxes out, 63 to 68. we'll thicken up the cloud cover by friday and the saturday, with the weekend in view, no major changes, a few extra clouds, that's after the cold overnight lows coming up during the 6:00 hour. the release of the movie "fast and furious 7" will be delayed because of the death of

paul walker. universal pictures announced it will be released in april of 2015 instead of july of next year. shooting was halfway finished when walker died in a car crash. it is not clear how the studio will deal with his dealt. they were not done shooting the scenes when he died. the item you won't be finding on the shelves as of next week, and the reason behind the change. . and will the bay area host the america's cup a second time? the conditions that might turn skeptics in supporters. and target's security breach is turning into more trouble for the company. these stories and more coming up in less than 10 minutes at 6:00. ♪

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cappuccino, and latte. ♪ tempt all your senses with one extraordinary coffee. [ penélope cruz ] nespresso. what else? [ male announcer ] available at these fine retailers and nespresso-us.com. . if you make new year's resolutions you might want to add buying new light bulbs. the government has changed the cools, and the old bulbs won't be on store shelves for much longer. >> reporter: if you like those standard incandescent light bulbs that you have used for years, you better stock up now. the government put an end to production as of january 1. companies can only make halogen, incandescent, cfl and led bulbs. they use less energy and cost

less over time. joe freeman started using them a year ago. >> the power has gone down, a third of what it was. >> some consumers complain the energy efficient lights don't brighten up quickly. >> but the newest bulbs, especially led and new halogen incandescent, a lot of cases you cannot tell the difference. >> reporter: he says a standard incandescent bulb is eight dollars a year to use and last a year. the new led bulbs are $1.35 a year to use and will last between 15 and 25 years. >> when you add up the bulbs in your house, that is a substantial savings. when you multiply your house by all the homes in america you get a lot of savings. >> reporter: he says the manufacturing of the new bulbs is creating high paying jobs around the country. shoppers want to know if the higher cost bulbs will be worth it. >> a little more money up front. over time if they lost longer,

the key is will the bulbs last. >> reporter: for him, it is a year and counting. in washington, kyla campbell. syrian rebels are on the attack after dozens of people were killed during heavy shelling. at least 25 people were killed yesterday in rebel held areas. it was a eighth day of intense government bombing. the fighting has escalated, even as preparations are being made for international peace talks next month. today, the rebels say they shelled a major airport controlled by the government. at least one of the two members of the russian band riot is speaking out about their release from prison, they were released two months early. they were jailed for their part in a performance that was critical of vladimir putin. today, one of the band members was walking out and called her

release ridiculous window dressing. she said it was a pr stunt by president putin ahead of the upcoming winter olympics. astronauts at the space station will be on a space walk on christmas. today's' walk was boss pond, tomorrow's talk will wrap up repair work on a cooling line. they have conducted a christmas eve space walk only once before. and god called the light day and the darkness he called night and the evening and morning were the first day. >> it has been 45 years since the a polo eight mission. today, they recreated the christmas eve message they read from the book of genesis. it is said to have been watched by 1 out of 4 people on earth. now at 6:00, another turn in the legal battle over jahi mcmath. >> any minute, my second.

she is on the ventilator. and they cannot touch her. >> the new ruling by a judge today and the order keeping the 13 year old on life support for another week. despite a rocky start to the america's cup this summer, the city of san francisco wants to host that competition again. why one of the race's biggest critics says he would welcome it back. and the fallout continues after the massive data breach at target. a san francisco woman is behind one of the first lawsuits to be filed. complete bay area news coverage starts right now. this is ktvu channel 2 news at 6:00. a family's fight continues to keep a 13 year old girl on life support. a judge has ruled that jahi mcmath will stay on a ventilator at least for another week. good evening, everyone, i'm frank somerville errville. >> and i'm heather holmes. it is the latest twist in the legal battle.

jaha was declared brain dead on december 12 after having her tonsils can out. we are live at oakland children's hospital with what the family is calling a legal victory today. >> reporter: jahi mcmath will remain on life support here at oakland children's hospital until december 30. the family says their eventual goal is to move their daughter to a long-term care facility. the family of jahi mcmath turned to the public for help and support this morning. her uncle led 100 people in a march outside children hospital. >> it helps. it gives us time to give jahi mcmath time to make up. >> reporter: 13 year old jahi mcmath came to the hospital on december 9 to have her tonsils removed, she had complications after the surgery and was declared brain dead. the family took legal action to keep the daughter on life support. >> i cannot eat or sleep or thinking that tomorrow