. >>> attorney general jerry brown had joined with the attorneys for same-sex couples, asking marriages go ahead. but today's decision to stay the leave in place did not surprise him. >> well, i urged them to raise the stay so that marriages could take place. after that that is a constitutional right, at least i believe that and the judge believes that. it's very usual and common for our court to put a stay like this. >> reporter: as attorney general brown has the responsibility to defend state propositions against legal charges. but he chose not to back proposition eight because he feels the law is not constitutional. >> reporter: the delay is hard on people who have been making hard to get married when the state was to have been lifted on wednesday. he finds some aspects of the case encouraging. >> the good news is we have an expedited hearing in september. that's significant that this is this year, it's not next year or the year after that the ninth circumstance quit will actually hear the real decision, rather the real issue that was advanced by the lower court. >>> newsom said his

veterans can just go to the city council. >> they accused attorney general jerry brown last year of politicalxpediency in taking that position since the previous attorney general -- or a previous attorney general, i should say, dan lundgren, back in the day when this was a new issue, had gone the other way. >> yeah. well, maybe it was political. i don't know. there's a legitimate legal argument to be made. and as it turned out, the state supreme court this week didn't buy it. 6-1 they ruled that prop 209 is constitutional for basically the same reason that the federal appeals court did in 1997. that is, that it may make it more difficult for minorities to get preferences, as they put it, but preferences themselves are of questionable constitutionality. and i think that's really what's changed. because when 209 was on the ballot there still was something you could call affirmative action. it was a thriving minority admissions program. there were minority contracting and employment programs, school integration. now with the john roberts court at the supreme court level, it's questionable whethe

both governor schwartzeneggar and attorney general brown filed moxs calling for same-sex marriages to resume in california. governor schwartzeneggar's motion declared the administration believes public interest is best served permitting the judgment to go into affect, restoring right of same-sex couples to marry in california. the judge overturning prop 8 could rule any time on whether to lift the stay on gay marriages. and. >> this week, judge vaughn walker ruled against proponents of prop 8 saying the ban on same-sex marriages violated the constitution. the question before judge walker now is, should he stay? or postpone the order to get rid of proposition 8 or should he allow the ban to remain in place while marriages are appealed? at san francisco city hall, they're all ready to begin issuing marriage sisens -- license autos we're ready and can't wait for the judge to lift the stay. we're working with county clerk and if this is lifted we're prepare pod stay up and open saturday, sunday, from 9:00 to 5:00. >> there is a lot of hope he will lift the stay and allow all californians

. >> that's randy tomisson who also called without arnold schwarzenegger and attorney general brown for supporting their marriages instead of doing their job to do the will of the voters. the attorney general had urged the judge to allow same sex marriages to resume immediately. today governor schwarzenegger released a statement saying, i am pleased to see judge walker lift his is that i and provide all californians the liberties i believe everyone deserves. today's rulings continue to place california at the forefront in providing freedom and equality for all people. the governor's words. >> jerry brown reacted today as well saying this decision is likely just a stepping stone to the ninth circuit court of appeals. >> the next step is for the interveners, who object to this judge's decision to take whatever steps they think appropriate. which in all probability will be to go to a higher court, the court of appeals. and at that court, the judges will decide to either issue a stay or not. and that's totally in their hands, and i feel quite confident they'll have all the facts they need t

the defendant, governor schwartzeneger and attorney general brown. has never been a party in this suit? backers of prop 8. but right now, it's prop 8 back curse who are seeking to appeal the decision to the 9th circuit court of appeals. >> yuch walker said that there is -- judge walker said there there is nothing in the evidence that the backer presented in the trial, and nor was there anything in the motion they filed that would in any way indicate what evidence they have that they have suffered the required injury in order to give the appellate court jurisdiction. >> reporter: since standing is constitutionally required and cannot be waived, legal analysts agree prop 8 backers would have to convince the governor or attorney general to file the appeal. >> but they said they're not going to. >> reporter: while there has been fodder that prop 8 was being primed for review by the u.s. supreme court, she believes it's just that, fodder. >> what i'm suggesting is based on other supreme court rulings and other decisions, it does seem like standing could b

. >> reporter: governorgovernor schwarzenegger and attorney general brown had that standing but both decided not to take that standing. >> you have county clerk recorders they should be representing the people they serve which did vote for proposition 8. >> i wish that the 9th circuit is going to continue to stay. >> the 9th circuit court of appeals will be decided if the gay marriages can resume. the larger question on the constitutionality will not be decide until that case is heard and that's not expected to happen for several months. ken pritchett, ktvu channel 2 news. >>> and as that wednesday deadline approaches, be sure to stay with ktvu channel 2 and ktvu.com. we will bring you the decision as soon as that happens and we will have much more information on our website. >>> authorities identified the two people killed yesterday in a small plane crash in the sierra. the piper cherokee went down yesterday in a heavily wooded area near immigrant gap. the victims are 31-year-old brian grant mccullough of san at that cruz. the f.a.a. says that the plane took off from watsonville, la

because of course neither governor nor attorney general brown has come in as a defendant to defend proposition. and i think that was considered sort of a weak point of the defense's side in the original trial. and i'm wondering, are we going to see that become a bigger issue, either with the appeals court now or later when the case hits the supreme court? >> i think it's a huge issue. i think if you were online today pretty much the word of the day in legal circles when it came to proposition 8 was "standing." and the question has now become if the attorney general of the state of california and the governor of the state of california, who are two of the named defendants in this case, simply say they want no part of this, that they actually support prop -- they actually support turning over proposition 8, the only people now fighting for it are the defendant intervenors, as they're known. and the question becomes is there any harm being done to these people? they are not being charged with enforcing this. they are not certainly being asked to perform same-sex marriages. so the question becomes

attorney general brown hasn't spent half a million yet this year. had a strong well-funded primary opponent. whitman spends $100 million in her quest to become the next governor. brown spend 377,000. better than a 200-1 ratio. are voters swayed? a poll shows the two are neck and neck, brown leading whitman by 3%. 25 undecided. commitman's campaign looked as those as an opportunity to define jerry brown. she plans to spend another $150 million before the november election. eric kristen? >> terry, thanks a lot. >> checking other top stories. a major street in downtown petaluma reopened within the hour after a water main break. water was seeping out of the ground on petaluma boulevard and western avenue last night. there was little flooding but the street buckled. crews made the necessary repairs in time to we open the street to commutesers this morning. >> san jose's fire chief william mcdonald will hold his first news conference and many hope reveal new ideas to put dozens of firefighters back to work. 49 why laid off last week. the firefighters unio

. >> and attorney general brown told us the decision to extend state is disappointing but not surprising. >> this is a far-reaching decision, probably to be expected that the intermediate court wants to keep status quo, just keep everything as it is and as they await arguments then making the decision in early next year, then may go a larger number of judges and after thark may or may not go to the u.s. supreme court. >> in the castro district in san francisco, this afternoon, response was one of recognition. -- -resignation. >> are you surprised?. >> no. >> it's been ongoing thing. goits tok a while before they legalize it. >> i expect it to go to supreme court thchl seems to be one issue that is not going to go away so there is a small gain. we'll get in there. for me, it's par for course just to be expected. >> there is some reaction from folks today. the panel stopped same-sex marriage what. is the next step? >> the next big event going to be oral arguments before ninth circuit court. that should be a barn burn skbrer a classic of american injures prude yents. you've got ted olsen wo

as you know, governor arnold schwarzenegger and attorney general jerry brown.t predict. >> statement? the standing-- standing? >> that is a requirement, the federal constitution and that is when a party has outstanding. that they have suffered an injury that is concrete, particular to that particular person or group of people. is when a party has standing that a court can have jurisdiction to hear their case. without standing? the people would have no jurisdiction. so it is absolutely necessary constitutional requirement. quite frankly, it is going to be a great hall order for the proposition 8 coto convince the court that they have backers. and standing. normally, the state would defend this. >> and based on what your sting that the court of appeals will likely rule that this stay will be lifted? >> with current case law, that the backers of the national to not have standing to even file the appeal. and that the do not have standing? there's no reason to do anything further and that would judge that this would be final. and the marriages would resume on next t

both sides filed briefs with walker and so did attorney general gerry brown. it is possible the judge will decide today whether or not to do that. >> celebrate getting older that was the message at america's first age march held in san francisco. 300 men and women of all ages marched through chrissy field they wanted to celebrate age pride and end age discrimination. a 73-year-old lead the march she is proud of it. >>> this march is for every age, to celebrate our real faces of age and end ageism. >>> booker is taking her fight to end age discrimination across the country she is organizing other age marchs this year in los angeles, washington dc and new york city. >>> major highway project in the east bay reaches a milestone. they have been preparing and digging for months now tunnels for the fourth bore begins this morning. cal trans crews breaking ground back in january since then they have moved a lot of earth, building a retaining wall and carefully removing fossils. in a few hours they will have a brief ceremony and a new $5 million excavation device will

attorney general and gubernatorial candidate jerry brown says there's no reason to wait. >> so if it's a fundamental right, normally we don't talk about delaying, in the exercise of a right. >> opponents of same-sex marriage want prop 8or to stay effect until there's a ruling from a higher court. so for now the temporary stay will remain in effect until judge walker reviews all the briefs submitted today and issues a ruling. there is no indication of exactly when he'll do that. >>> hewlett-packard is dealing with a scandal tonight, and looking for a new chief executive officer. mark hurd, the savior who righted carly fiorina's wrongs, wrs shown the door after a sexual harassment investigation. the company found no harassment, but fudged expense records suggest the accuser was being paid to keep silent. scott budman has more on the stunning develops of one of the valley's most strait-laced pioneers. >> reporter: when mark hurd took over hewlett-packard was reeling. the hp way replaced by layoffs and a struggling stock price. hurd changed all that. settling the company and pleasing inves

the governor, the attorney general jerry brown? >> that's right. they would have standing. they are the actual defendants in the case but they have indicated they won't be appealing the ruling and in fact support judge walker's ruling. >> we do appreciate your being with us. >> it will be an interesting months and years. >> indeed. our coverage continues online at nbcbayarea.com including the full ruling which you can read for yourself. >> coming up, give your thumb a rest. how google is trying to change the way we text. and it might be a good time to refinance your home. >>> good afternoon, i'm live in san jose. we're getting a taste of one of the best jazz festivals in the nation. details on how you can hear these guys and over 60 performers this week for just a few buck. >>> the men who dramatically saved an elderly woman from a flooded creek canal were honored in the state senate today. jason, the flight officer and contra costa fire protection engineer dave rescued a 75-year-old woman. as you see there, from the fast moving water on april 11th after the car she was in

attorney general jerry brown is also asking the judge to resume same sex marriages. >> even if this decision is reversed it does not seem it will be any harm to the state but there is a real harm to the people who have a right that is being denied them now. >> it could be a year or more before the appeal is considered. >>> the trans bay terminal will permanently close its doors at midnight tonight. dozens of homeless are being forced to move out as construction for the new terminal begins. some actually refused to bulging tonight, joe? >> reporter: they are usually lined up here with sleeping bags and tents and down there there are a few stragglers as they countdown to the wrecking ball. >> reporter: as midnight approaches, they prepare to put a reference around the old terminal. some people are confused about where to spend the night. >> i am going to stay here. >> but they are going to demolish it. >> but right now they are not doing something. >> reporter: about 50 homeless people have called this terminal their home long-term but now the wrecking ball is approaching. demolition is schedu

attorney general jerry brown has relaunched on the internet the state self exclusion program. they can volunteer to effectively ban themselves. they can do it for one year, five years or a lifetime. yours saying it will be much more effective in a card room. >> absolutely. >> reporter: if participants are caught, they will bees courted out. their winnings or losses will be confiscated. the program does not affect tribal casinos -- >> they will be turned a way if they try to get in. that will help tremendously. >> reporter: she says there are other ways to gamble but this is one more tool that makes it harder to do so. >> this is a life jacket. it's a life line that our government is throwing out to people who are december -- desperate and drowning. >> do you think it will work. >> i think it has -- i have hope. >> reporter: as joe says, there is no shame involved in banning yourself from card rooms only courage. >>> state employees will continue to work on fridays despite governor schwarzenegger's orders to take the day off without pay. the governor cannot impose mandatory day

today attorney general brown is said to announce a new voter fraud hotline.sidents say city officials asked them to fill out absent e ballots and promised to file them. >>> a new report on bay area home values show the market is stabilizing but still very challenging. according to zillow.com, overall, bay area home values rose 4.1% in the 2nd quarter of the year. that's put the median home value hat $475,000. the report shows homes slumped in the region's dip zoedz. almost .3 were foreclosures. almost .3 were homes sold hat a loss. there have been 61 cases of overheing batteries some units have been warped by the heat. no injuries have been reported. a notice about battery replacement has been on apple's website for several years. the japanese government measure -- pressured apple to make the notice more easily visible. >>> there is a new number one at the box office "the other guys." it made more than $35 million in its opening weekend. the -- it nearly doubled the box office place of the second place movie, "inception." it's made more than $227 million in l

gay couples say they're encourage the after governored schwarzenegger and attorney general jerry browniled legal requests asking the court to allow same sex marriages right away. this emeryville couple has already bought wedding rings hoping they can get married even before all the legal challenges play out. >> i'm feeling optimistic. >> want to make sure if the window opens to capture the legal benefits of being married. >> other couples aren't waiting. this couple exchanged vows in south san francisco yesterday even without a marriage license. they have planned to do so for weeks but they also tell us they're looking forward to having all the rights and responsibility of a legal california marriage. >> 5:04 now. a livermore mother of three is expected to be arraigned today on child molestation and other charges. christine hubs is accuse of the something a sexual relationship with two boys under the age of 15. she faces 67 felonies including sexual assault. the mother of one victim says she found a nude picture of hubs on her son's cellphone and called police. hubs is currently jailed

the center and attorney general jerry brown are suing eight bounce house manufacturers and distributorso get the led out. >> state water officials have designated more than a half dozen creeks in the south bay as polluted because they are filled with trash. but voters approved money eight years ago to clean them up. so why are they so polluted now? ktvu's maureen naylor reports. >> reporter: in the guadalupe river in downtown san jose water flows, wild like frolics and trash threats. >> it's an issue. i was just looking down at the creek right by the water works, the old water works. and i go, why isn't there just somebody cleaning this up? >> reporter: last week, the state water resources board named the guadalupe river and 25 other bay rivers, creeks and parts of san francisco bay to its list of polluted waterways. >> it's not a surprise. it's not a surprise that they are on there. >> reporter: carol frederick son with the santa clara valley water district says trash is a big problem in some county water ways despite a ballot measure they passed in 2000 to designate more money to clea

the defendants, governor schwarzenegger and attorney general brown. who has never been a party in this suit? backers of prop 8. but right now prop 8 backers are seeking to appeal judge vaughn walker's decision to the ninth circuit court of appeals. >> the judge said there is nothing in the evidence that the prop 8 backers presented as to the courts in the nearly three-week trial nor was there anything in the motion that they filed for the stay last week that would in any way indicate what evidence they have that they have suffered the required injury in order to give the appellate court jurisdiction here. >> reporter: since standing is constitutionally required and cannot be waived, legal analysts agree, prop 8 backers would now have to convince either the governor or attorney general to file the appeal. >> but they have said they are not going to. >> reporter: so while there's been considerable legal fodder that prop 8 was being primed for review by the u.s. supreme court, nice believes it's just that,ed toker. >> what i'm suggesting is based on othe

governor arnold schwarzenegger and attorney general jerry brown urged the judge to lift the stay saying the state has already issued marriage licenses to 18,000 same sex couples without any resulting harm. both men previously supported the voters' decision. we spoke to a couple people yesterday in the castro. they seemed cautiously optimistic about what might happen in the next couple hours. >> will we be having marriages down here at city hall? >> i think so. if not today i think eventually. sooner or later we're going to win. >> when it goes to supreme court and it's passed, then it will become official. >> i'm sure it will go to the supreme court. and i'm sure the supreme court will rule back in the state favor and rule and side with the judge whopper. >>> okay. we are closely monitoring that ruling this morning. we'll continue to follow it here this morning. stay with us. we'll bring developments as they happen and also throughout the day. you can check our website at ktvu.com for updates. >>> now bart has even more surplus money in the bank. bart's board of directors meets today an

gay couples say they're encouraged after governor schwarzenegger and attorney general jerry brown filed legal requests asking the court to allow same sex marriages right away. this emeryville couple bought wedding rings hoping they can get married even before the legal challenges play out. >> a game changer. i'm fairly optimistic. >> if the window opens, the legal benefits of being married. >> other couples aren't waiting. this couple exchanged vows in south san francisco even without a marriage license. they had planned to do so for weeks. but they also tell us they're looking forward to have the rights and responsibilities of a legal california marriage. >> it's now 6:05. three dozen nursing home caregivers in oakland who recently went on strike are out of a job this morning. 150 employees at piedmont gardens walked off the job last monday in a five-day strike over pensions, healthcare costs and other contract issues. when 37 of them tried returning to work on saturday, they found out they had been replaced by new employees. their union calls the new hires a gross violation of labor l

attorney general jerry brown is also asking the judge to resume same-sex marriages. the case is now heading to the ninth circuit court of appeals. >> we have all of our documents that we need and we are running down to the county clerk and hopefully this time they will give us an application for a marriage license. >> wendy hill and her partner are among the many couples who are living in limbo right now. many legal experts predict the ninth u.s. circuit court of appeals or judge walker himself will issue an extended stay blocking same-sex marriage while the case is still being fought out in the courts. >>> well, a restaurant that serves some of the bay area's most popular sandwiches has been served an eviction notice. san francisco says that ike's place in the castro has been operating without the proper permits. this all came to light after neighbors complained about huge crowds that line up outside. but fans of ike's say the shop shouldn't be closed because of its huge success. >> it's such a great sandwich shop. i don't think it should be evicted. >> how can you

the center and attorney general jerry brown are suing eight bounce house manufacturers and distributorso get the led out. >> state water officials have designated more than a half dozen creeks in the south bay as polluted because they are filled with trash. but voters approved money eight years ago to clean them up. so why are they so polluted now? ktvu's maureen naylor reports. >> reporter: in the guadalupe river in downtown san jose water flows, wild like frolics and trash threats. >> it's an issue. i was just looking down at the creek right by the water works, the old water works. and i go, why isn't there just somebody cleaning this up? >> reporter: last week, the state water resources board named the guadalupe river and 25 other bay rivers, creeks and parts of san francisco bay to its list of polluted waterways. >> it's not a surprise. it's not a surprise that they are on there. >> reporter: carol frederick son with the santa clara valley water district says trash is a big problem in some county water ways despite a ballot measure they passed in 2000 to designate more money to clea

the defends governor schwarzenegger and general really brown. who has never been party, backers of prop. 8. butt right now they are the ones appealing the decision. >> reporter: he said that there is nothing in the evidence that the prop. 8 backers presented the the court in the nearly three-week trial nor was there anything in the motion that they filed for the stay last week that would in way indicate what evidence they have that they have suffered the required injury in order to give the appeal lat court jurisdiction here. >> since standing is constitutionally required and cannot be waived, legal analysts agree, prop. 8 backers would now have to convince either the governor or the attorney general to file the appeal. >> but they said they are not going to. >> reporter: so while there has been legal argument that patron 8 was going to be reviewed. >> what i'm suggesting is based on other supreme court rules in other decisions it does seem like standing could be a major obstacle here and possibly be the -- what causes the lawsuit to terminate.

experienced finding innovative solutions to problems and the democratic candidate, attorney general jerry brown is scheduled to do some fund-raising in santa rosa tonight. brown has spent one played by liam dollars compared to the $104 million whitman has spent of her own money and a poll shows perot with a slight advantage proud's fund-raising event will start in about 20 minutes in santa rosa. >>> garbage is piling up because of a walkout by dozens of landfill workers but hundreds of garbage collectors have joined them in a show of support. >> these two trash bins were supposed to be empty this morning. >> is that why they have not picked up my garbage. >> reporter: she was not aware that thousands of residents will be delayed because of the garbage workers strike. >> i do not know where i will put it now. i will have to put it in the grass been until friday. >> reporter: about one dozen trash workers in half moon did they walked the picket line after are going contact talks stalled yesterday's. >> basically they are trying to take our pensions away and make us pay for our insurance. >> repor

governor arnold schwarzenegger and attorney general jerry brown filed their own motions today asking the judge to let the marriages happen. >>> hewlet packerd ceo has resigned today upon allegations of sexual harassment. an investigation found that herd did not violate the company's sexual harassment policy as accused by a contractor but that other company standards were violated. the company's chief financial officer will lead hp while a economy looks for a new ceo. >>> a former san fran san francisco city worker will spend four years in state prison for hacking the city's computer system. 45-year-old terry childs of pittsburgh was a network engineer when he locked city officials out of the city's main computer system for two weeks back in 2008. in april he was convicted of felony computer disk tampering. childs will return to court on august 13th to address the issue of restitution. >>> a somerville man has been identified as the pilot of a plane crash. investigators are looking into the cause. ktvu's maureen naylor spoke to some of the couples neighbors. >> reporter: today we lear

. >> and state attorney general jerry brown filed a lawsuit against nine suppliers and manufacturersf a popular play structure suspected of containing high amounts of lead. >> bounce houses are a staple in many birthday parties and play dates. 7 on your side is here with information that families need to know about. >> we've been worried about physical injuries of those whether or not they're maintained. now there is one more thing. most know that lead can slow the brain develop nmt children. investigators found lead amounts in bounce houses as much as 96 times above guidelines. >> children are jumping for joy inside of these inflatable play structures, whether bounce houses or jump house there's is a common word used to describe them. popular. >> they're very popular, we want to make sure they're save. >> that is why steve and kate's camp allows the center for environmental health to announce it's test results at the camp today. this play structure tested below safety stands yards but the center says this one contains lead at levels 40 times above the federal guidelines of 300 parts

attorney general jerry brown is asking to judge to resume same- sex marriages. >> even if this decision is reversed it doesn't seem there will be harm to the state, there's a real harm to people who have a right being denied them now. >> the case is headed to the 9thcircuit court of appeals in san francisco. it could be a year or more before that appeal is considered. >>> a sex scandal at hp, mark hurt stepped down today. investigators say a woman who worked as a contractor made the claim. >> mark hurd was a successful ceo. got hp past the previous scandal and the bad memory that they were spying on other companies. >> evidence shows that hurd did not break the policy but did violate the standard of business conduct. his severance package will be 40 to $50 million. >>> san francisco is cracking down on laws that have not been enforced in 50 years. couldn't come at a worse time for some. we don't that have type of money. we're barely keeping the doors open. we cannot afford $1,347 worth of fees to the city. >> reporter: he runs cole valley antiques. she got this letter announces she didn

arnold's worsening or an attorney general jerry brown say sen sex marriages should begin immediately in court papers filed with in the last hour they told the judge she should not delay the implementation of is to overturn prop. 8. attorneys to support the ban on same-sex marriage don't marriages to begin until they can appeal and get a ruling from the ninth circuit court of appeals. if the judge has yet to rule. the the >> in atherton and other bay area this which been fighting to stop the high-speed rail line from running for their communities another blow was dealt on thursday when the high speed rail authority announced it will not be bearing the tracks and putting the train underground like many communities have wanted to because it's too expensive instead the running the trains either you're on a street level or elevating the tracks. in atherton city council members expressing concern some people selling their property values already starting to decline in anticipation of the rail lines being built. reporting in atherton kate thompson kron 4 news. >> were crews are busy propaga

. >> governor schwarzenegger and attorney general jerry brown shifted their positions and have urged the judge to lift the stay immediately. as you can see, there is a huge group gathered in front of city hall on the front steps this afternoon. they are still waiting to hear the federal judge's decision. we continue with tara moriarty. i understand you spoke with those in favor of the ban, tara. >> reporter: thanks, jade. you know what, if this stay is lifted, we know that the reaction among prop 8 supporters will be one of obvious disappointment. they don't want to say anything until the ruling comes down. same sex marriage opponents will soldier on no matter what happens fighting against same sex marriage. this is not the end by any stretch. a small group of about four men called walker's decision a legal travesty, touting signs that read pervert judge pervert ruling. they say the people of california voted, they shot down gay marriage. now their will is being undermined. opponents say prop 8 should stay in effect until their appeal of walker's ruling is decide bid a higher court.

. >>> california attorney general jerry brown filed a lawsuit against nine companies making the bounce houses saying they contain unsafe levels of lead and the lawsuit focuses on the vinyl used to make the structures. the lead can be transferred from a child's hand to his mouth. brown is asking party stores and rental companies to post warnings. bounce houses are often rented for children's parties. >>> american competitive swimming is in hot water again tonight. a lawsuit announced in san jose claims the governing body of u.s. competitive swimming did not protect a young swimmer from sexual abuse by the coach. the victim says her coach abused and humiliated and harassed her for five years begin k when she was about 15 years old. the alleged abuse happened in several south bay locations including a swim club from los gatos. it's several of one. >>> you've likely seen or heard the ads. offers of medical discounts for low monthly fees. but the fcc and 24 states, including california, have filed dozens of lawsuits to stop what they call, a multimillion dollar hustle. nbc bay area george r

attorney general gerry brown wants manufacturers to stop using vinyl containing lead and wants rental companies to post warnings on them. tests conducted for center of environmental health found some bounce houses contain far more lead than legally allowed. >>> warnings are now posted at two beaches in monterey because of unsafe bacteria levels. monterey state beach along with lovers point park in pacific grove very popular with kids. tests taken earlier this week showed bacteria levels in the water exceeded state standards, marine life, rainfall run off, human activity can contribute. advisories will remain posted untim the water is safe for reck -- until the water is safe for recreational activity. >>> a show down. operator of jellies dance cafe on pier 50 has been given the deadline of today to vacate. however the tenant said he is not going any where. a man was shot to death outside that club last month and another mac shot near the club 2008. jelly easeless expires today and the -- jelly's lease expires today and they want it closed. >>> republican sam blakely will be the new sta

and it could be interesting because right now california's attorney general, jerry brown, is not defending prop 8. but depending who is elected into these positions the governor and attorney general in november, more state resources could be used eventually to defend prop 8. that will be interesting. there can be a measure to overturn prop 8 on the ballot in 2012, juliette. >> anne, so we'll be waiting for this announcement between 1:00 and 3:00. we are not going to hear from the judge. it's going to be handed down electronically. >> reporter: i believe he will make some commentary but it will be written like an email and posted on the court's website which of course we are going to have on cbs5.com. >> absolutely. anne makovec in san francisco, anne, thank you very much. >>> in another news now it remains a bizarre mystery this afternoon. investigators in san jose are trying to track down some animal killers. three decapitated goats were found sunday just outside an entrance to alum rock park. the goats' bodies had been stuffed into boxes and their severed heads were nearby. animal contro

same-sex marriages under way right now appeared governor arnold sports anchor and attorney general jerry brown filed motions today calling for a resumption of same-sex marriages. if this was filed after u.s. district c'mon walker overturn proposition 8. dan, this year he's been following the case. >> we have not heard from the attorneys who back the ban if those who oppose same-sex marriage we've not heard from them yet but we also got another argument this one from the to same-sex couples the attorneys representing them they filed a motion saying there should be no state. >> in their arguments requesting the stay be denied attorneys for the to same-sex couples who filed the suit in the first place said, plaintiffs and other gay and lesbian californians will continue to suffer irreparable harm if proposition 8 subrational deprivation of their constitutional rights is prolonged. in their argument attorneys for the governor say denying the state for there's california is of vital interest in respecting the relationships of same-sex couples and does not burden any governmental interests. attorney

now a source close to the investigation is telling us that the attorney general jerry brown office decided not to file charges. the source says the office is unwilling to invest the time and the money necessary to prosecute madden. the ag office is not commenting but the san francisco police chief set to hold a press conference tomorrow. >>> two big silicone valley forces join forces. they are buying antivirus office software. the deal is a cash transaction with 7.7 billion. and intel plans to sell software a long side the pc and other devices. the board of directors at both companies signed off on the deal. it still needs approval from mcafee shareholders. >>> >>> disappointing news about unemployment. the numbers rose unexpectedly and hit the highest level in nine months. the claims rose by 12,000 last week to 500,000. higher than the previous week. economists were predicting a drop. it renewed concerns about the viability of the economic recovery. that news jolted wall street as stuff went south after the open and stayed in the red. they shed 144 points. the nasdaq took a bigger hit per

. >>> state attorney general jerry brown is ordering a financial investigation of a small southern california town with famously bloated salaries. he's subpoenaed tax, salary and other records for nine former and current officials in the city of belle. they must give depositions under oath within two weeks. in a city 0640,000 people the city manager made $1.5 million a year in pay and benefits. he's resigned along with two other top city officials after their salaries were exposed last month. the mayor and three council members are slashing their salaries. they were making nearly $100,000 a year. >>> amending the amendments. they want to change the 14th amendment so every baby born in this country would not automatically become u.s. citizen. nbc bay area tracy grant is live to explain how some are reacting to this controversial debate. >> reporter: lisa, we're live here in oakland at the application support center. it's a part of the u.s. citizenship and immigration department. a lot of the people coming in and out of this place could be directly impacted if this movement to amend the 14th am

california attorney general jerry brown is not one of the 17 signers. in a statement, san francisco based craig's list says it supports efforts to fight exploitation. in may of 2009, craig's list began screening each ad before it's published in the adult services section. >>> a new ucla study indicates the percentage of californiaens without health care insurance is rising sharply. researchers say, with the bad economy and more californians losing their jobs, more and more are losing their health coverage. the study indicates that while all counties saw an increase in the percentage of uninsured last year, the bay area fared better than most. but still in 37 of california's 58 counties, at least one resident in four had no health insurance for some period last year. >>> the signals that count down the seconds to make it easier for pedestrians to get across a busy street safely are in question. the question is how much time does a pedestrian need there or at any traffic light. new standards are changing things, and the changes could act motorists. our ma

attorney general jerry brown and the city of san francisco have filed papers opposing a stay and arguing that prop 8 supporters do not have the legal right to an appeal. >>> president obama wrapped up a working vacation this weekend on the gulf coast. he spent time trying to convince americans to support tourism along the oil-ravaged coast. but it was overshadowed by the continuing controversy over a proposed mosque near new york city's ground zero. >> president obama wrapped up a working vacation, taking the helm of a boat in the gulf's friendly waters. he will have to navigate more troubled waters back home. >> the white house, the administration and the president himself seems to be disconnected from the mainstream of america. >> the president returned to washington facing sharp criticism from republicans over his decision to enter the debate about a muslim prayer center near ground zero. fry day mr. obama told a group of arab americans that he believes muslimss have a right to build a place of worship anywhere. >> this is america. our commitment to religious freedom mustily unshakeab

still, both republican governor arnold schwarzenegger and democratic attorney general jerry brown say gay couples should have the right to marry. >> this fits into the social fabric, not only with no harm, but with a lot of positive benefits. >> reporter: but many opponents believe just the opposite. >> the majority of the american people have kind of drawn a line in our sand and said this isn't true, it's not good, we don't believe in it, and we don't like it. >> reporter: but now, here in san francisco and across california, a lot of same-sex couples are starting to make wedding plans for the end of next week. katie? >> couric: and, john, the opponents of same-sex marriage say this is far from over. what are their plans? >> reporter: well, their next stop is the ninth circuit court of appeal. they'll try to get there in the days ahead and then failing that, failing an answer there, they're going to try to go all the way to the supreme court. a lot of wedding plans here will be depending on those courts' decisions. katie? >> couric: all right, john blackstone in san francisco. john,

democratic opponent and state attorney general jerry brown has spent, by comparison, $1 million.olls show them in a dead heat. on the east coast, republican u.s. senate wannabe linda mcmahon won her connecticut primary this week. the former world wrestling entertainment c.e.o. has pledged to spend up to $50 million of her own money on her campaign making her the fourth biggest self-funder in congressional history. while self-funded candidates have the financial freedom to rely on their own bank accounts rather than donations, they typically lose at the polls. some critics say the excessive spending can offend voters, especially during a recession. so congress woman edwards is there a difference between women who self-fund? are they seen differently by voters than men who self-fund? >> i don't know. i think it is less a double standard. we are trying to figure out what the rules r i think at the end of the day they could meet the same fate because voters get offended when you spend a lost your own money. >> i think you are right that it's risky for candidates because it puts them

. >>> we just got a statement from attorney general jerry brown and he said the judge's decision to overturn california's ban on gay marriage is great news. there's also reaction from the meg whitman camp. he says that meg supported proposition 8 and believes marriage is between a man and a woman. meg also strongly supports california's civil union laws and today's ruling is the first step in a process that will continue. once again, that's from darrell ing, the spokesperson for meg whitman. we'll continue to follow developments in the frop 8 decision on air and online at nbcbayarea.com. you can always sign up for breaking news alerts to get the news instant lir. >>> ahead, a healthy start without the problems. next at 5:00, the new way bay area mothers are getting advice on taking the pain out of breastfeeding. >>> and it's all in the details. the surprising findings of a new report from the gulf saying most of the oil is gone. >>> and seeing your friends on facebook is great. wouldn't you like to talk to them? now one company is making it possible to reach oud and touch them for free! >> y

the fact that governor schwarzenegger and attorney general jerry brown filed a motion requesting thatay weddings resume has eric and matt optimistic the judge will rule in their favor. >> i'm feeling optimistic. >> laurie little says there's no way to know how the judge will rule. >> 52% of the voters in this state voted for prop 8. their legislation has now been struck down. that's a serious matter. you can't just laugh that off. on the other hand you have to balance that against the real people saying, look, we're harmed every day. it's unconstitutional. >> maria and vanessa exchanged vows and are holding out hope their union will soon be legal. they had planned this wedding long before last week's ruling. >> we want that paper. right now it's a celebration. advance celebration because we know eventually we will get that paper. >> there is no time limit on when judge vaughan walker can rule. no hearing has been scheduled and judge walker has not said when he'll make a decision. lillian kim, abc 7 news. >> and you can read judge walker's ruling invalidating prop 8 and the motions opp

state attorney general jerry brown is among those who filed briefs with the 9th circuit court of appealsthe early deadline came as somewhat of a surprise, so tonight they worked overtime to get the job done. they worked well into the night at the san francisco city attorney's office. carrie stewart said they got word to write a brief to the 9th circuit court of appeals on why same sex weddings should resume. despite the fact it should take months if not years to settle through the appeals process. >> i didn't expect it to be okay. saw something -- i thought by 11 p.m. it would be like, until you have tomorrow evening. >> the tight time frame is the result of a date set by u.s. direct judge fawn walker. last week he ruled prop 8, the same-sex marriage ban unconstitutional. then just yesterday walker lifted a stay allowing gay weddings to resume, but not until 5:00 p.m. wednesday. >> the 9th circuit i think wants to make its decision by the end of business on monday so the parties will have tuesday and possibly the early part of wednesday to go to the supreme court if they should choose to

in the governor's race, democratic attorney general jerry brown released a statement via twitter sayingsition 8 violates the equal protection guarantee of the 14th amendment of the united states constitution by taking away the fight of the right of the same sex couples to marry without sufficient governmental interest. meg whitman said i believe marriage should be between a man and a woman and we have a very forward-looking civil union law. california's u.s. senate candidates split along party lines. barbara boxer applauded judge walker's ruling while carly fiorina said the voters spoke clearly when they approved prop 8. we have posted the entire 138 page document on our website, abc7news.com, under "see it on tv." you'll also find more reaction to the ruling as well as photos of the celebration at city hall. >> we know this morning oakland will have a new mayor next year. the race will be wide open now that ron dellum says he will not run. he was elected to the berkeley city council in 1967, served 27 years in congress. he has been an absent and inacceptable mayor. >> i'm happy to see

so did governor schwarzenegger and attorney general jerry brown. they want the judge to lift his stay. it is still unclear when the judge is going to make his decision on that but we're told it could happen any time this week. >>> investigators say that a 14- year-old has now admitted to starting a wildfire that threatened dozens of homes down in l.a. county. and a sheriff spokesman says the fire began yesterday, when the teenager accidentally dropped a barbecue iron that he was using to light a marijuana pipe. and he is now charged with arson. and crews managed to contain the 40-acre fire before it burned any homes in the sant clarity area. >>> keep young kids away from pet food. a new warning from researchers studying the first known salmonella outbreak in humans linked to dry pet food. the outbreak happened between 2006 and 2008. at least 80 people got sick. in 21 states. and experts say the problems did not come from kids eating pet food. it came from them touching the food. or the dirty bowls. and then putting their hands in their mouths. >> t

. >> reporter: now attorney general jerry brown is suing the tax lady for $34 million. the lawsuit alleges deutsche makes $25 million a year by swindling thousands of clients nationwide. the suit says deutsche claims a 99% success rate, but in reality, she only resolves 10% of her cases. >> at first you're concerned, do you think she's a crook? >> i do. i really do. you know, the thing is, when you go out there and do business in that sort of manner which it doesn't look right to people, it scams, it always comes to bite you. always. >> reporter: jennifer says she contacted the irs herself and worked out her own payment plan. vicky nguyen, nbc bay area news. >> jennifer says she recovered about half of the $2,000 she paid to ronnie deutch by contacting the better business bureau. we tried to contact deutch and her attorneys but our calls were never returned. there are a lot of these services out there, and experts suggest doing internet research to see if the tax firm or service you might use is legit. you can enter the firm's name and hit review you can also check site