mimi lee's attorneys are getting their bite at the apple. they are inside making their closing arguments, as we speak. we hope to hear from them at 6:00. reporting from just outside superior court, mark matthews nbc bay area news. >> new at 5:00, a home broken into and burglarized today in broad daylight. millipede as police hope surveillance video will bring a burglar to justice. it's near 680. cameras captured photos of the suspect leaving the house. the suspect's car was also caught on camera. if you recognize the man or the vehicle, please call milpitas police. >> he loves classic cars, and this is a classic. he wants to bring a 70-year-old car back to life. >> that's the fun and emotional challenge a san jose man has taken on as he tries to honor someone near and dear to his heart. here's tonight's "bay area proud." >> chris says his grandfather grew up in santa clara, the youngest of nine children. he had to quit school after the fifth grade to get a job. he still went on to serve his country and run a trucking company. he was a great

the agreement is in this document at least 27 times. >> reporter: mimi lee's lawyer peter skinner disagrees. >> it's not a contract. if you go through these consent forms, ten-page single spaced, the kind of thing you're handed before you begin a medical procedure, nowhere in it does this say this is irrevocable, we're not going to be able to change our minds, these are the binding directions for all-time. >> reporter: steven findlay testified he believes his ex-wife would "manipulate the situation" to extract money for other purposes, a claim lee denies. >> you've made it very clear in your declaration you do not expect steven to be a part of this child or these children's lives physically, logistically, and more specifically, financially. correct? >> correct. >> your ex-husband's lawyer said during closing arguments, it's not that steven doesn't want to have children, he just doesn't want to have children with mimi. >> those are hard words to hear from anybody. it hurts in a way. that's -- so personal. >> reporter: mimi's court battle could set an important legal precedent for others like

mimi lee is fighting for the rights to her frozen embryos. our reporter, janet o, is in the newsroom where more. janet? >> dr. mimi lee is fighting for her last chance to have biological children in a two year legal battle with her ex-husband. she sat down with "good morning america" in an exclusive interview. at issue are five embryos that she and her husband froze in 2010. a form signed by the two called for them to be destroy dead they got a divorce. which they are. in close arguments on tuesday dr. lee's attorney said the form is not a binding contract. ex-husband and his attorney disagree and the defense argued that lee is doing this to manipulate the situation and extract money for other purposes something the 46-year-old denies. the judge now is said to pick a decision in november. lee was diagnosed with breast cancer when she had the agrees first frozen described the emotional journal any in the interview. >> it was the hard of the thing i have ever done. i stayed focused on my and knowing that i am their mom. i would do anything for

mimi lee has sued to have the embryos implanted in a surrogate. her ex-husband wants them destroyed. she shared her agony in an exclusive interview. >> it's very -- it hurts in a way. it's so personal. and a former friend that i trusted for so long. it's really disappointing. >> you can see more of the exclusive interview with mimi lee on "good morning america" tomorrow morning at 7:00 right here on abc 7 on channel 7. >>> city college is trying to convince would-be students it has the classes they need. that's after the school saw a huge decline in attendance of more than 25,000 students following its big accreditation battle. abc 7 news education reporter now has a look at the new class offerings. >> reporter: this motorcycle repair program is being touted as one of the five hidden gems city college of san francisco has to offer. >> it prepares students to be -- to work as apprentices, to go right into fixing motorcycles. >> reporter: he saw an opportunity here to potentially start a new career. >> everybody's always going to be driving cars, dr

once we filter out all the noise, we have a really simple case. >> mimi lee's lawyer says she believesent. a judge will decide whether lee's right to have her own child outweighs the couple's prenup. >>> a court filing by lawyers for raymond "shrimp boy" chow claims a corruption scandal extends to the top of san francisco city hall. the filing says mayor lee, some top city leaders and alameda county prosecutors were named in an fbi investigation. chow's lawyers want his case dismissed for selective prosecution. raymond "shrimp boy" chow's trial begins in october. ed lee says: >>> i'm andria borba in lake county. firefighters got an assist with the "rocky fire" yesterday. see what the key is to today's wildfire fight. >> reporter: and a wild chase through the streets of san francisco. we'll take you through some of the te,,,,,, attention america. get yourself a free half gallon of dole classic lemonade with any 10 piece meal or larger purchase. because when you buy this chicken, there's free lemonade for the pickin'. i know you're staying golden by managing your energy use...ns which me

. >> 46-year-old mimi lee is determined to become a million. she speaks exclusively to abc discussing a bitter legal battle with her ex-husband, stephen findley. at the time the couple went through the process lee was diagnosed with breast cancer. >> how important was it to you at that moment to preserve your ability to pro create? >> critical. >> at the center are medical concept forms boat parts signed at ucfs calling for the embryos to be destroyed if they got a divorce. in closing arguments on tuesday, his attorney said the situation is black and white. >> it is still an agreement. the agreement is in the document at least 27 times. >> but lee's attorney argues it is future a binding contract and his klein has a right to change her mind. lee waits for a judge to make a life-changing decision come november. >> i stay focused on my babies. i would do anything for them. >> lee said she doesn't expect her ex-husband to be in her and her children if life at all despite claims from the former husband that she would manipulate the situation and tr

mimi lee and stephen findley are divorce couple and their dispute. while they were married they had agreed to destroy the embryos if they ever divorced. now lee who was infertile after cancer treatments says she has the fundamental right to procreate and the embryos are her only chance. >>> plea hearing scheduled in san jose today for former 49er ray mcdonald has been postponed. 30-year-old is facing domestic violence charges for allegedly assaulting his fiancee while she held their baby in may. mcdonald is due back in court later this month. >>> and a suspended bay area fire chief will get to keep his job despite an investigation that found he drank while on call to supervise fire fighting efforts. hayward fire chief derek countries rash was sis end -- contreras was suspended without pay this summer. if he agrees to certain conditions including not drinking at i city function he can keep his job. >>> a fundraiser is planned today. famous dave's pit barbecue in hayward will donate 35% of all of its proceeds today to the scott lunger family trust. fun

cancer survivor mimi lee is fighting for the embryos, she and her ex husband froze together in 2010, saying they're her best chance to have a child. the couple signed a contract to discard the embryos if they divorced to be thrown out. >> and all of the cancer testimony is a ploy. it's to get the courts sympathy. >> it wasn't a contract. it wasn't an agreement; it was conformity where you check the boxes off very quickly in a very brief period of time. >> ucsf where the embry owes were destroyed says -- embryos said the contract is binding. >>> the three-day concert opens friday, expected to bring tens of thousands of people into san francisco. sky fox flew over the park as they were putting the finishing touches on the stages. 70 artists are head line orred by elton john, mumford and sons, and others. click on the entertainment section of the web site. >>> 4:41. a well liked san francisco teacher has been missing for more than two weeks. coming up in 25 minutes, the discovery made in the gold country, and remembering from her fellow teachers. >> a newborn lucky to be alive this morn

mimi lee is in a divorce with steven finley over the five embryos they froze together in 2010 after lee was diagnosed with karns. now she wants control of the embryos because she says they are her only chance to have kids. lee testified that the contract she signed with fiply for the embryos was just a consent form and could be changed. finley wants the embryos can destroyed, which is what the company agreed to do in case it they split up. >>> an effort to dee fund planned parenthood failed on capitol hill. the senate voted down the bill where he had t it would have taken away more than a half a billion dollars from the women's health organization. the funding may become a sticking point as congress faces a september 30th did deadline to pass a bill to avoid a government shutdown. >>> we now have an idea how the republican debate stage might look in cleveland on thursday, most of the candidates showed up for a voters forum in new hampshire last night trying to make their last work here to get on that stage for thursday's debate. today is the deadline for republican candidates to qualify

her torn said it is not that his client doesn't want kids but he doesn't want them with mimi. dr. lee speak out for the first time in the emotional interview. >> those are hard words to hear from anybody. and...you know, again, i cannot speak for steve...but it is -- it hurts in a way. it's...so personal a friend i trusted for so long, it is really...disappointing. >> ultimately a judge will decide if the medical condition sent form that has been signed can be revoked or changed. you can see more of the exclusive interview with mimi lee on "good morning america" at 7:00 a.m. >> janet, thank you. a memorial service will take place later this month for an 8-year-old girl found dead at art centers in santa cruz. a detective discovered middleton body in a recycling bin, her neighbor was arrested open suspicion of murder after luring her into the family apartment. he has been charged. her memorial will take place on the 23rd at the kaiser permanente arena. three gofundme pages have been set up to help the family members. so far more than $42,000 has been raised. >> an investigation is unde

but cancer survivor mimi lee says because of her treatments, this is her only chance to have her own child. her ex-husband wants them destroyed. >> all of the cancer testimony is just a ploy. it's to get the court's sympathy and it's easy. everyone feels sympathy and if that empathy for why lee in her situation but that's not what the court needs to decide because the cancer is not relevant to what we're doing. once we filter out all the noise we have a simple case. >> lee's lawyer insists she believes she was signing a medical waiver and not a binding agreement. a judge will decide whether lee's right to have her a child outweighs the prenup agreement. >>> a lawyer for raymond "shrimp boy" chow says corruption goes to the top of city hall. it says the mayor ed lee and other top cities and alameda county prosecutors were all named in the fbi investigation. chow's lawyer wants his case now dismissed for what they call selective prosecution. his trial on racketeering is supposed to begin in october. >>> ed lee's re-election campaign has this response: >>> it is a saddened to the search

. >> reporter: mimi lee is determined to be a mom. she discusses a bitter legal battle with her ex-husband steven finley over what happened to the frozen embryos. at the time, lee was diagnosed with breast cancer. >> how important to you at that moment to preserve your ability to pro create? >> important. >> reporter: at the center of the debate are consent forms both parties signed. it calls for embryos to be destroyed if they got a divorce. in closing arguments on tuesday the attorney says the situation is black and white. >> it's an agreement in this agreement. at least 27 times. >> reporter: lee's attorney argues it's not a binding contract and his client has a right to change her mind. lee waits for a judge to make a life-changing decision in november. >> i stay focused on my babies. and knowing that i'm their mom. i would do anything for them. >> reporter: lee says she does not her ex-husband to be involved if she ends up having the child, though her ex claims she's trying to manipulate the situation and get money from him. >>> s

. >> reporter: mimi lee came into court today looking head strong.'s fighting for the five embryos that she and then husband finley froze together in 2010 before she underwent treatment for breast cancer. >> all of the cancer testimony is just a ploy. it's to get the court's sympathy. >> reporter: lee said doctors told her she could not get pregnant while she was getting cancer treatment. now she's too old to get pregnant. >> the cancer only tell us why they walked into the ucsf offices back in 2010. the cancer itself doesn't hold any relevance to the outcome of the case. she doesn't now have cancer. >> reporter: finley who filed for divorce two years ago says the couple signed consent agreements to saw and discard the embryos if they split. ucsf as turned her support behind finley. >> it was a form you check the boxes off very quickly in a very brief period of time. everybody has done it in order to try to get a medical procedure done. that's the type of attention she gave it. >> reporter: finley is able to get pregnant with someone else but lee is

cancer survivor mimi lee is fight -- embryos.survivor mimi lee is fighting for the embreel -- embryos. she said they are her best chance of having a biological child. >> all of the cancer testimony is just a ploy. it's to get the court's sympathy. >> it was the kind of form where you check of boxes off very quickly in a very brief period of time. it wasn't a contract. >> ucsf said the contract to destroy the embreal yos is -- embryos is binding. >>> netflix may be changing the rules and game when it comes to paid time off. the company based in los gatos is letting the employees take up to a year's paid maternity or paternity leave. and the employee's salary is fully paid by netflix. typically with family leave, an employee would be partially paid by the company, partially paid by the state and just for a couple of months. well, netflix is eliminating that. and netflix employs about 2,000 people. >>> even with a six-figure income a lot of people are being squeezed out of the bay area rental market. janine de la vega reports on how

. >> reporter: mimi lee is determined to be a mom. discusses a bitter legal battle with her ex-husband steven finley over what happened to the frozen embryos. at the time, lee was diagnosed with breast cancer. >> how important to you at that moment to preserve your ability to pro create? >> important. >> reporter: at the center of the debate are consent forms both parties signed. it calls for embryos to be destroyed if they got a divorce. in closing arguments on tuesday the attorney says the situation is black and white. >> it's an agreement in this agreement. at least 27 times. >> reporter: lee's attorney argues it's not a binding contract and his client has a right to change her mind. lee waits for a judge to make a life-changing decision in november. >> i stay focused on my babies. and knowing that i'm their mom. i would do anything for them. >> reporter: lee says she does not her ex-husband to be involved if she ends up having the child, though her ex claims she's trying to manipulate the situation and get money from him. >>> stay

mimi lee and her husband decided to get married in 2010 after knowing each other for a decade. before the wedding breast cancer treatment. five embryos were frozen. the marriage went south and lee wants the embryos but he is arguing that the consent form said the embryos would be destroyed if the couple split should be a legally binding document. >> so personal and from a friend that i trusted for so long. it's really disappointing. >> findlay says he is afraid that lee will finally manipulate the situation if she winds up having the children. lee says if she winds up bringing the embryos to term findlay would not have to be part of their lives or support them. >>> one former president couldn't avoid jury duty. george w. bush showed up at a dallas courthouse. he was not chosen. he did have his picture taken with several other prospective jurors before the secret service whisked him away. >> by now jon stewart is done taping the daily show. tonight the final show with the 52-year-old as host will air on comedy central. he took over the show back in 1999. over 16 years his smart j

. >> reporter: mimi lee againstler former husband, a couple whose romance spanned over two decades, eventually marrying in 2010. >> we met at students at harvard. he proposes and right before your marriage is set to take place, you get the worst news possible. >> ten days before the wedding, i got the diagnosis that i had breast cancer. sfwr h sf >> how important was to preserve your ability to procreate? >> it was very important. we realized the risks. and even with all the risks, we knew this was the last best c s chance. >> the then 41-year-old deciding along with her husband to create and pre-receiver five embryos. but by 2013, their marriage up raffled, finley filing for divorce. tell me about the concept fosen that says in the case of divorce the embryos would be unfrozen and discarded? >> that's right. >> that signed concept form a leading silent witness at the trial now determining what should happen to the embryos. finley asking the court to enforce it. >> it's still an agreement. the agreement is in this document at the least 127 times. >> reporter: and order the embryos destroyed. f

cancer survivor mimi lee is fighting for the embryos, her and her husband froze in 2010. says they're her best chance to have a biological child. findley argues the couple designed a contract to discard the embryos destroyed if they divorced. >> all of the cancer testimony is just a ploy. >> it wasn't a contract. it was a very brief period of time. >> ucsf says the contract to destroy the embryos is binding. >>> and san jose state interim president is already being criticized before beginning at san jose state august 18th. she has been criticized for how she handled a controversial dispute when she was president of eastern michigan university. the school changed nicknames from hurons to eagles and dropped the logo of the head of a native american huron but let the controversial logo to return, in the flap of the jackets of the band. she said she's story it hurt and angered native americans. >>> 5:40. a big loss for ucsf's hospital. its beloved service dog lanny has died. coming up at 6:00, what the hospital's now doing to honor lanny's legacy. >> reporter: a new report ou

. >>> closing arguments over mimi lee, fighting for five embryos, her and her ex husband froze.ey is arguing a couple signed a contract to get rid of the embryos destroyed if they were divorced, and wants the cancer testimony thrown out. >> all of the cancer testimony is a ploy to get the court's sympathy. >> it wasn't a contact; it was an agreement. it was where you check boxes off very quickly in a very brief period of time. >> ucsf says the contract to destroy the embryos is binding and the judge has three months to make a decision. >>> and the company's hurting the bottom line, cvs is the first health chain to stop selling cigarettes and they could suffer $2 billion in lost revenue, but the amount was a tiny fraction was $139 billion in annual sales. but, cvs says general merchandise sales plummeted nearly eight% last quarter and company expects blame the drop on the tobacco ban. >>> and in boston, former red sox pitcher curt shrilling is expected to spoke at a roll out event schilling was treated for cancer of the mouth that was believed to be from chewing tobacco. >>> it h

. >> reporter: two years after mimi lee and stephen findlay's marriage unraveled, the former couple is in an ugly legal battle over the fate of the embryos, lee desperate to save them. >> babies. i'm their mom. i would do anything for them. >> reporter: in an exclusive interview, after she was diagnosed with breast cancer, the couple decided to create and preserve five embryos. >> critically important. >> reporter: but this signed consent form shows in the case of divorce, the embryos should be unfrozen and discarded. >> it's still an agreement. >> reporter: in court findlay is asking the judge to order they be destroyed. >> her legal argument is this wasn't a contract between us. it was a form we filled out. that's not an easy argument to win. >> reporter: thanks to medical advancements, hundreds of thousands of frozen embryos are preserved across the u.s. lee 46 says these five are her last chance to have children. with the judge's decision expected in the next four months. stephen findlay told the court he is concerned his ex-wife would manipulate the situation to extract money but

mimi lee is in the had midst of a bitter divorce with steven finley over five embryos they froze in 2010fter lee was diagnosed with cancer. she now wants control of the embryos because she says they are her only chance to have her own children. she testified the contract she signed with finley for the embryos was just a consent form and could be changed. finley wants the emzpÑv destroyed, which is what the couple agreed to in case they split. >>> from silicon valley to the white house. today venture capitalists from across the bay area are in washington, d.c. making a strong push for greater diversity in the male-dominated tech world. "today in the bay" stephanie chuang joining us live in our san francisco newsroom with more on the first ever demo day and maybe we will be talking about this day for years to come as the point if in which things start to change. >> reporter: that's the goal of course. according to u.s.a. today we're talking about 45 different venture capital firms from across the country outlining today at the white house steps to enhance diversity in this very white male

mimi lee is in the midst of a bitter divorce with steven finley.she now wants control of the embryos because she says that they are her only chance of having kids. she testified the contract that she signed with finley for the embryos was just a consent form and it could be changed. finley wants the embryos to destroyed per what they had originally agreed to in case they split up. >>> have you seen this? a dramatic rescue in sunnyvale was all caught on video. deputies pulled that man off the tracks seconds before a caltrain record by. now you can see they are trying to do repairs to what was left. that move, now, undoubtedly saved that man's life. >> the san mateo sheriff's deputies happened to be in the area at the time. "today in the bay" bob redell is live in sunnyvale to explain why things aligned just right before that amazing rescue, bob. >> reporter: very lucky for that man this that car. this happened right over my shoulder, you can see here at this caltrain crossing at mary and west evelyn avenues where caltrain workers have been working o

mimi lee and stephen findley are divorced couple in the dispute. lee now infertile after cancer treatment wants them implanted into a surrogate but findley wants the embryos destroyed and he cites a written grandparent they we agreement agreement they -- written agreement they made when they were married. >>> how a special olympics athlete turned up here in the bay area. andi gusmari from albania got separated from his group on saturday and yesterday morning we hawked into the -- he walked into the hayward police department at 2:00 a.m. tired and hungry. he said he simply can't remember how he got there. >> we were able to successfully get he has brother to give him -- his brother to give him a call to find out what had happened to him and the best that we could -- the brother could find out from him was that he had taken a bus here. >> police believe he might have take an greyhound bus and spotted officers outside the police department to get help. special olympic world games were held in l. a. over the weekend. and another special olympian report

. >> reporter: two years after mimi lee and steve finley's marriage unraveled, the former couple is nowies. and knowing that i'm their mom and i would do anything for them. >> reporter: in an exclusive abc news interview, lee says after she was diagnosed with breast cancer, the couple decided to create and preserve five embryos. >> it was critically important. >> reporter: but this signed consent form shows in the case of divorce, the embryos should be unfrozen and discarded. >> it's still an agreement. >> reporter: and in court, finley is asking the judge to order they be destroyed. thanks to medical advancements, hundreds of thousands of frozen embryos are preserved across the u.s. lee, now 46, says these five are her last chance to have children. with a june's decision expected in the next four months. steven finley told the court he's concerned his ex-wife would manipulate the situation to extract money. but mimi lee says she's made it clear, she does not expect him to be a part of the children's lives physically or financially. reena and t.j.? >> brandi hitt for us. thank you so mu

. >> reporter: this morning a two-year legal battle pitting mimi lee against her husband stephen findleyn 2010. >> we met as students at harvard college. >> he proposes and right before your marriage is set to take place you get the worst news possible. >> ten days before the wedding i got the diagnosis that i had breast cancer. >> reporter: how important was it to you at that moment to preserve your ability to procreate? >> it was critically important. we realized the risks. i would be injecting myself with the very hormone that my tumor feeds on and even with all of those risks we knew that this was our last best chance. >> reporter: the then 41-year-old deciding along with her husband to create and preserve five embryos, but by 2013 their marriage unraveled, findley filing for divorce. >> tell me about the concept form that you signed. the focus is on that one line that says in the case of divorce, the embryos would be unfrozen and discarded. >> that's right. >> reporter: that signed consent form a leading silent witness at the trial now determining what should happen to the embryos.

mimi lee against her former husband. now she wants to use their frozen embryos. he wants them destroyed. in closing arguments the judge who will decide the case objected when a lawyer described the case as a dispute over property. amy will be speaking one-on-one with dr. lee. her exclusive interview tomorrow on "gma." we look forward to that interview. >>> a youth basketball team is crying foul after getting kicked out of a national tournament. all because there is a girl on the team. that decision creating an uproar. we have more now from abc's steve osunsami. >> reporter: this morning, a show of solidarity, a team of 11 boys wearing pink uniforms in silent protest after being forced out of a basketball tournament because of the one girl on their team. >> you're taking away from the kids that worked so hard the whole year to get to this point. >> reporter: the charlottesville cavaliers were forced to leave the tournament in south carolina after their coach decided to put 10-year-old kymora johnson in the game. they had just won five games in a row and looked lik