the gains came on the back of rising home prices, and mark fannie mae's best quarter in nearly a decade. since the financial crisis, fannie mae has relyed on the american taxpayers along the lines of $116 billion. >> a good development there. positive news in housing tonight. and that's got a little bit of the market going, susie. in market focus. >> tom: the major stock indices meandered around today before closing essentially flat. the s&p 500 had a choppy session, trading in a very narrow range. the index saw its worst and best levels of the day this morning, creating only an eight point trading range. it ended higher by a fraction, but enough for a new three month high. trading volume was 636 million shares on the big board. just under 1.9 billion on the nasdaq. the consumer was in focus for the markets. the consumer staples sector had the best gains, up 0.6%. while the consumer discretionary sector was the biggest drag, down 0.4%. consumer staples are those things we tend to buy because we need them. and dean foods stock saw a big pop as the company plans to spin off its horizon or

fannie mae will also have to turn over their earnings every quarter this is -- there are some concerns that they may exhaust the monies given them to them by the government. >>mark the count of california's unemployment statistics. justine >>justine: we're learning that the trial of 54 pence state administrators they are accused of failing to report an incident in 2004. the trial was start january 7th of next year. the judges still considering motions from as men's lawyers to drop the charges. >>darya: we will be back with more in just a couple of minutes. we are live in berkeley coming up. look check out the gas prices on the rise. >>darya: take a look at this is in 2012. many of these people are rest of last night from a city in the presence of bombings headquarters. -- at president obama has headquarters. this was an oakland. >>justine: we have been watching this rally by presidential candidate paul ryan. -- presidential vice president and it all right. >> he talked about jobs. in medicare. virginia is considered a swing state in the november election. >> the democrats or offering mit romney id deal. release five years of tax returns pit this is what romney s