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 is the

day they pull the plug on my child, it is not a good feeling. >> reporter: today the family won a small victory. they ordered a pediatrician to do an independent exam of jahi mcmath's brain activity. a couple hours later, the family attorney announced the judge had also granted an extension of a restraining order that forces the hospital to keep her on life support for another week. >> this is going to go on until she wakes up and they agree to keep her on, or move her to another facility, where she can stay on. we're not going to allow anyone to pull the plug. >> but moving her to long-term care comes with challenges. >> it is expensive to move somebody on a ventilator and challenging at this time of year to find somebody that is willing to take a vent dependent child. >> the physician from stanford hospital is expected to discuss the results of his exam at a hearing tomorrow morning. however, because of medical privacy issues, that hearing will be closed to the public. live in oakland. once someone is declared brain dead they are legally

dead. for jahi mcmath, the declaration was made back on december 12, three days after her surgery. medical ethics people say when brain death is declared they have no obligation to keep a patient on a ventilator. the government gave people a one day grace period to sign up for obamacare. the original deadline was today. the department of health and human services shifted it to tomorrow. analysts say it is probably, probably won't solve the plan's problems right away. >> the administration was and possibly is facing the prospect that more people will be uninsured in 2014 than in 2013, because you have those cancellations combined, as we heard, with a real lag in signups on the exchanges. >> the extension applies to the 36 states covered by the health

care.gov websites. people in california must sign up tonight. that meant huge volume today. covered california officials say if you start the process today and have trouble you can finish up tomorrow. >> if you made a good faith effort to start your application today and you are held up you can finish it tomorrow. given the volume and loads we are seeing, there may be glitches we don't even know about. >> figures show that 400,000 people have enrolled so far through covered california. there is a bid to bring the america's cup race back to san francisco. the summer event got an awful lot of criticism for having fewer boats than expected and far less revenue generated for the city. david stevenson talked to the mayor, who says this time, things will be different. david. >> reporter: heather, the mayor said they now have the know how to run the race and will be

more savvy in negotiations. the owners of pier 23 say they miss their neighbor, the america's cup competition, that had their office on san francisco's embarcadero. >> we had an extra 10,000 people every day eating at the restaurant, it was awesome. >> reporter: they say it generated a half billion dollars in economic activity around the area. the city, though, ended up on the hook for about five and a half million dollars for a scaled down event which often featured lackluster races and haggling over the renovation of pierce. >> we suffered from the lack of experience and confidence of what the event can do. now we have the learns. >> reporter: the mayor said this letter to the event authority offering with great enthusiasm guided by the lessons learned to host the event again. but the city wants a more consistent race schedule and spectator space centralized along piers 27 and 29 so fans

can watch the crews work. >> we are looking at hosting an event rather than doing a real estate transaction. big huge change from what had occurred a few years ago. >> critics of the last cup say they welcome it back if it costs taxpayers nothing. >> the water park is a special place. i think it is something that people should pay for the privilege to use rather than us pay for the privilege to let them use it. >> reporter: the mayor also told us he expects negotiations between the city and the event authority to go two to three months. it is unclear when a decision could be announced. the goal is to bring the race back in 2017. live in san francisco. david stephenson. the california public utilities commission returned $375,000 to pg&e. that money was paid by pg&e earlier this month. it was a natural gas safety penalty stemming from a 2012 safety audit. after the utility paid the

fine, regulators realized that accepting the money could jeopardize their effort to fine pg&e billions of dollars for violations related to the san bruno pipeline explosion in 2010. there are a number of safety requirements being made at a recycling plant after some fires. they met with simms metal management. the purpose of the meeting was to hear how the company plans to follow a number of conditions imposed it by the city. for the company to remain in operation, city officials want them to work closely with not only the bay area air quality management district, but also the environmental protection agency for 60 days. happening now, the last minute holiday shopping rush is on. some stores won't be closing their doors until tomorrow night, christmas eve. christina rendon is live from pleasant hills where folks are taking advantage of the round the clock hours.

>> reporter: that's exactly right. toys-r-us is in its 60th hour of being open. they started this whole thing at 6:00 a.m. on saturday and won't close until 9:00 p.m. tomorrow. by the looks of how busy it is here, people are taking advantage of the extra time. >> reporter: march aaron madness is in hits final hours. >> it i crazy right now. it is nuts. the line are all the way down the isles. >> kohls and toys-r-us stores are working overtime. they are open around the clock through christmas eve. >> you can run in and run out. >> reporter: you can get through the traffic and find the item you are looking for before it is sold out. >> one thing that i was looking for was a doll, that i ended up getting a different doll. >> when toys-r-us closes at 9:00 tomorrow, they will have logged 87 hours of straight sales. but through all the chaos, tammy martinez found the good

in people. a stranger in line offered to pay for these bikes for her children and she declined. >> there is not a lot of people like that any more, you know, that will see somebody, maybe not having enough and be willing to help. so it was very touchy, very sweet of that lady. and it renewed my spirit in mankind. >> reporter: she likes the idea of last minute purposes but others feel for the employees that are spending time in the store. >> where is the christmas spirit? they need to be home with their families, too. a lot of people need the money, but i really feel bad for the people that are in there and working. >> reporter: but the demand for 24 hour shopping is there, not just for toys-r-us stores but retailers and macy's. spokespersons say they expect things to get busier as the final hours to the holiday wind

down. live in pleasant hill. holiday travel is also in full swing, bay area airports expecting big crowds this week. 130,000 travelers are expected to go in and out of san francisco international airport today alone. oakland international and san jose international both say things are running smoothly. they expect the peak holiday travel to spread out over several days, before and after christmas. the bay area is under a spare the air alert today. another one has already been issued for tomorrow. that means woodburning is banned unless it is your own source of heat. tomorrow marks the 17th winter spare the air day since november 1. last wednesday was the end of a record eleven straight spare the air days. new at 6:00, oakland animal control says 2 of 11 pit bulls being trained to fight will be suitable for adoption. they plan to speak with the owner of the dogs in the coming week. we were the only camera at a

home in east oakland has thursday as they removed the animals. officers say treadmills, chains, and other items pointed to a clear case of an environment where the pit pulls were being trained as fighting dogs. two officers were bit. at this point, no arrests. a group of protestors was removed after camping outside the federal reserve bank of san francisco. police escorted them away this morning from in front of the building at the foot of market street. they left a mess, which included a drawing of a monopoly game board on the sidewalk. they washed it away. the group was protesting the policies of the federal reserve, that was created 1 on 0 years ago today. christmas trees are a holiday tradition and can be a fire hazard, that's why officials are reminding everyone to stay safe by following a few simple steps.

one in three tree fires is usually caused by an electrical failure. you need to check each strand of wires for frayed wires or bulbs. people put their christmas tree too close to a heating source. >> we suggest you move the tree at least a minimum of three feet from any heat source, such as a fireplace, radiator, heating vent or candles. >> many people like to extend the christmas cheer and keep the tree in the home after the holidays, fire officials warn that is a fire hazard because the trees are so dry. a blow to pension reform in san jose. what a judge says the city cannot do and what still has to happen before a permanent radioing. plus a san francisco woman fires one of the first lawsuits against target. what she says the retail giant failed to do. warmer today across the entire bay area. coming up i'll let you know if the warmest day of the week

pairs up with the christmas day forecast and let you know if there are rain clouds on the five day weather outlook.

. san jose had a court decision today that dealt the city a blow. the fight over pension reform is looming over city hall since measure b was passed last year. today a judge ruled they could not make current city employees pay more for retirement benefits or take away the cost of living adjustments. >> it means the employees will not have to bear a possible burden and lose 40 to 50% of their salary paying for a pension plan. >> the city can essentially cut

pay and utilize the savings to pay for the benefits. >> they have two weeks to give the judge input on the temporary order before a permanent ruling. both sides will have a better idea if the dispute can be taken back to a bargaining table or the courtroom. continuing coverage of the massive security breach at target that may have affected 40 million people. angry shoppers are now fighting back. a woman from san francisco filed one of the first lawsuits against target. ann ruben talked to the woman's attorney. he says his client may be one of the first but won't be the last. >> reporter: the attorney who filed the lawsuit said he received hundreds of calls from people affected. there are hundreds more here shopping who say the data breach won't keep them away. the lawsuit was filed in federal court by san francisco resident jennifer kirk. in it she claims target failed to implement an maintain reasonable security procedures

and practices. allowing a data breach that affected 40 million credit an debit card users. her lawyer says his phone has been ringing off the hook with others wanting to join the class action suit. >> unfortunately it is not surprising. target has an obligation to protect their shoppers. whether or not this lawsuit has merit, i don't know. but i'm not surprised there is eager beavers. >> and this is just the beginning of the fallout. according to golden gate university professors. >> it left shoppers feeling violated and less trustful of target. >> the first question i asked the cashier before i swiped my card, is it safe? >> target shoppers say they are shaken. >> i know it is not their fault. that is not something they expect to happen. but it has me where i want to just bring cash. >> i have been checking the bank balances to make sure we're not on our way to being

destitute. >> more than a dozen suits have been filed across the country and several attorney generals launched their own investigation. >> it is a waste of time and money to go after them. they will correct their mistake. everybody will learn a lesson because of it. >> we reached out to target and a spokesperson said they don't comment on pending litigation. an attempt by fremont based men's warehouse to take over joseph a. banks was rejected today with officials saying the offer undervalued the company. the two retailers have been trying to acquire each other. in october, joseph bank offered to buy men's warehouse but it was rejected. they believed that bid undervalued the company. big plans are in store for apple in 2014. the company is rumored to be gearing up to release several new devices including the iv watch. that is a smart watch that would connect with other apple devices using blue tooth.

other gadgets include new iphone mad else and a large tablet. in a year end memo to company employees, tim cook said the company has big plans for 2014. apple is also expanding its customer base by millions and millions of people. it signed a deal with the world's biggest cell phone provider to cell iphone in china. that could expand their customer base by 700 million people. apple stock was up $21 a share today to close at $570. that's a gain of almost four percent. well, most of the bay area warmed up a bit today. lots of 60s out there. a few records to report as well. one in oakland, downtown oakland, 67. the old record 66. widespread 60s for san francisco, concord, livermore and son ha so i. a few high

clouds approaching parts of the north bay. to the south, around monterey bay toward the big sur, it could approaching the coast line and the gold deny gate tonight. we had some fog in santa rosa. we could have a repeat performance tomorrow. san francisco, 54 and san jose at last check in the mid 50s. this is the case looking towards san francisco and the haze. we want to keep the numbers low. unfortunately they are going up. it is a stable layer trapping the haze close to the surface. levels are going up for tomorrow, into wednesday and thursday there is a fairly good chance we could have more spare the air alerts in the bay area because of the weather pattern. tonight, mostly clear skies. christmas, a cool start to the day. here is the live camera looking at union square in san francisco, you can see the activity here. in san francisco tomorrow, on track to reach the lower 60s.

after the mid 40s tomorrow, 64 degrees, the extended more clouds and a dropoff in temperatures. overnight lows will be in the 30s. we could have patchy fog reform in the inland valleys. san francisco 45 and san jose 42 degrees. this cold front stays up to the north. no sign of any rainfall yet. of course all of december has been dry except on december 6, but you can see the high in place, and no major changes. with that, the dry weather through the remainder of the month, hazy skies and temperatures in the 60s. temperatures for tomorrow about the same as today, could be warmer in a few spots. santa rosa 68, san francisco 63. look at this next panel, you will see some lower 70s in santa cruz, san jose, 67. here is a look ahead. you will notice this into wednesday for christmas, a wild weather pattern, no major pattern, sunshine by thursday

and with the weekend in view, scatters clouds and temperatures cool off a bit, but some neighborhoods flirting with 70 for christmas eve and christmas day. strange out there. that is strange. thank you. about 40 formerly homeless people moved in a new apartment complex in san francisco. mayor ed lee opened the new apartments today and greeted some of the new residents, by march, they expect all 120 units to be filled in the eight story complex south of market on fulton street. they pay little rent and are all referred by the department of public health. that is nice. saying good-bye to candlestick park. memories from former players as the final regular season game at the stick takes place. and coming up at bay area news at 7:00, calls coming in from around the country for this little dog found in garbage bag. what still needs to happen

before she can be adopted. join us at 7:00 on tv-36.

. bart joins us now, sitting here reminiscing about candlestick park. >> it is a beautiful night out there.

it will be a memorable night only if the 49ers win. they are leading early against atlanta, 3-0, but prior to the game, a lot of excitement going on, just taking a look at some of the luminaries that were out there. dwight clark, he had "the catch" jerry rice with some pals and receive young signing some autographs. just a beautiful night out there. steve young, memory lane, they were asked, all of them, about their favorite candlestick memories. >> tonight, probably it is going to be an emotional night for everybody. not just me, but for the fans. you know, there are so many moments. a lot of good things, a lot of great memories here, where it all started. this is where i grew up. i learned my football. i learned what a class organization was all about. bittersweet for sure. >> i've had so many different memories from candlestick. that was the one that sticks

out the most. of course, the nfc championship game when we beat dallas in 1994 was a good one. so many different memories. i will miss this place and grab some dirt on the way out. >> people don't recognize this, is where the twelfth man started. this fan base has been through it all, year in, year out. it is unbelievable. my family lives here now, people remember what we did 20 years ago. all this is going away but the memories will not go away. >> it is lasted its life. the money cannot be put into it. the seats are classic seats. a lot of 49er fans are saying they will deal with the bathrooms and the parking. let's say year, you cannot even start to talk about the memories. niners hope everyone remembers they clinch a playoff berth against atlanta. >> that would be fun to be the

sidelines. what is your favorite memory. >> mine is a baseball memory. i saw my first baseball game there. i won tickets through my paper route and fell in love with willie mays and became a sports fanatic. i remember the chain link fence in the outfield. coming up tonight on the 10:00 news, more on the end of an era for the 49ers, and live team coverage on the field after the last regular season game at candlestick park.

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or visit aiowireless.com. se, please, please, please. okay, what is this? we're making sure i'm tall enough without having to spike up my hair. buddy... (tape measure retracts) we are good to go. sweet! i have been waiting for this day ever since the doctor pointed to the ultrasound of your mom's womb and said, "either that's a fifth limb, or you got a boy." okay, no. gross. oh. all right... (can hissing) i want everybody to eat a lot at home because "the happiest place on earth" is also home to the most expensive churro on earth. come on. this is gonna be awesome. who doesn't love a day at disneyland? can't you and mom go without me? you're the kid. i think we need you to get in. it couldn't come on a worst day. the technology sector is tanking. we're doing a stock market project in school, and today's the last day. we all get a thousand fake dollars to invest,