stephen findley said he and hid ex-wife mimi lee signed a inform like this for in vitro fertilization and provisions call for destroy the embryos but the, wife lawyers say she has a constitutional right to them and argues the form is not a minding contract 20 the two of them. >> the berkeley city council is voting on tougher regulations for balcony construction. six students died and isn't were seriously injured when the balcony collapsed last month. engineers blame dry rot. the city council will vote on balcony inspects every five years and mandatory ventilation openings. the parents of a san francisco woman whose death is sparking national debate say authorities did not do enough to protect her. francisco sanchez was deported five times and had an extensive criminal history. he is accused of killing kate steinle two weeks ago. her parents told fox news last night they do not want to point fingers but feel authorities let them down. >> we feel the federal state and cities their lawyers are here to protect us. we feel in this particular set of circumstances and the people that involve

her ex-husband stephen findley is suing to have the agreement enforced. >> republican presidential hopeful jeb bush is in san francisco to visit a start-up and talk of the benefits of small business. the former florida governor road with uber driver to the headquarters of a business that matches customers with local service providers such as plumbers and carpenters and others. he will show he is pro small pice and hillary clinton is cracking down on businesses or wants to classifying workers and employees rather, businesses as contractors rather than employees. >> temperatures are heating up as we get a new drought forecast. now, we will check with meteorologist mike nicco with more. mike? >> good morning from the top of the broadcastst. basking in sunshine, we will on the weather window and show you the clouds have rolled back to the coast with typical summertime pattern and will be warmer-than-average, redwood city and san francisco are close and much else is four to seven degrees warmer-than-average with 93 in concord a warm spot. here is the outlook from the climate prediction center.

since chemotherapy can render a woman infer till she and her then husband stephen findley went to a fertilityee wants to use the embryos for what she says is her only chance for a child. what's at the heart of this trial? >> she said i don't want to destroy these embryos. i want to use them now and now there's a dispute as to what should be done which is why we think the court should balance the party's interest. >> this case is one of a small but growing number over legal battles. actress sofia vergara is being sued by her ex-boyfriend for embryos they created as a couple. jacob szafranski is suing his former girlfriend dr. karla dunston. brian schroeder represents szafranski in the case. >> i don't think it's the government's role to decide when a couple becomes parents. >> reporter: last month sh road're's client lost the appeal. the court ruled creating the embryos overwritten. schroeder said his client is willing to take the case to the supreme court. when people heard there was a signed agreement to destroe the embryos in case they divorce some would argue what's the issue but mimi's at

since chemotherapy can r woman infertile, she and her then-husband stephen findley went to a fertilitynic and created five embryos. they also signed an agreement at the clinic stipulating the embryos would be destroyed if they got divorced. the couple did divorce, but lee now infertile wants the right the use the embryos for what she says is her only chance for a biological child. findley argues it violates the agreement. attorney peter skiner represents lee in what has become a custody battle over the unborn. what's at the heart of this trial? >> she said, i don't want to destroy these embryos. i want the use them now and now there's a dispute as to what should be done which is why we think the court should balance the party's interests. >> reporter: this case is one of small but growing number of legal battles over embryos. actress sophia vergara is being sued by her ex-boyfriend for the right the use embryos they created as a couple. 33-year-old jacob szafranski sued his ex-girlfriend to bar her from using embryos they created while together. >> i don't think it's the government's r

==take vo== according to the mercury news, married couple mimi lee and stephen findley decided to freezewas made after lee was diagnosed with a cancer which was likely to leave her infertile. now, findley wants those embryos destroyed-- against lee's desire to preserve them. their divorce trial-- marks the first time a state court will address the issue directly. ==laura/cu== the search for a missing baby from shasta county is now in its 13th day. this morning, police say the father, a person of interest in the case, has been spotted. ==vo== matthew graham is a convicted felon-- who disappeared when he was named as a person of interest. surveillance video shows he was the last person to be seen with the 6 month old. police say he was spotted in the city of shasta lake, but still no word on the whereabouts of baby ember graham. search teams did find a critial clue in the small town of ono, about 15 miles from where the baby was last seen. ==sot== 05 to 10 we did find a pacifier that police think was of baby grah. that pacier is testing. outcu dna testga runs:10 contvo== th morning,he baby

her ex-husband stephen findley is suing do have the agreement enforced.owing, a federal reason fire in the east bay and it was so tough for crews to put out. >> if you have those on your grocery list stick around the tough new stand a group is taking on detergent spots you will want to hear. >> a picture of the bay bridge toll plaza and the backup is in notice how this breakfast burrito starts with the basic tortilla, but then inside... it's stuffed with tender, juicy, sliced steak. whoa whoa...slow down...what? i said steak. in a breakfast burrito? i can't keep up. this is advanced burrito, right? this is intro to burrito. boom. jack's new steak & egg breakfast burrito's got tender juicy steak, scrambled eggs, and creamy sriracha sauce, all wrapped in a warm tortilla. lookin' for a basic burrito? this ain't it. life's morning multitasking. it's multiple ideas for growing families and drawers with many layers to show exactly what you need. life's the food that brings us together. and kitchens where every meal is the most important of the day. >> if you li

her husband stephen findley wants them destroyed. lee was diagnosed with cancer back in 2010.would leave her infertile. the judge must decide whether her infertility outweighs an agreement they reached. it includes provisions for destroying the embryos under certain circumstances including divorce. >> the agreement is that this is the sort of thing that ought to be worked out in advance as much as possible and in this case that was decided in the evented of divorce, the embryos are not to be useed. >> if you are going to be giving up such a fundamental right as your ability to have your biological child going forward, you should have a little bit more of a rigorous test, rigorous process. >> the trial resumes this morning. >>> the parents of a woman shot to death after a san francisco pier are supporting a proposed law to deal with deported immigrants who return to the u.s. jim steinle and liz sullivan spoke with fox news yesterday. >> we feel that this particular set of circumstances and the people involved, the different agencies let us down and we just are a little tired of

her husband stephen findley wants them destroyed. lee was diagnosed with cancer in 2010.ad the embryos frozen because she knew the treatment would leave her infertile. the judge must decide whether her infertility out weighs an agreement she reached with her husband to destroy the embryos in a divorce. >> this ought to be worked out in advance as much as possible. and in this case, it was decided in the event of divorce, the embryos are destroyed. >> if you are going to be giving up such a fundamental right as your ability to have your biological child going forward, you should have a little bit more of a rigorous test rigorous process. >> a trial set to resume this morning. >>> it is 6:41. still to come, a 16-year-old in washington survives a small plane crash in a remote wilderness and her ordeal was only just the beginning. >> it's the final version of windows ever. sharon profis from cnet will let us know what to expect from ♪ southwest is having a sale because when there's a reunion every cent should go to a killer dress. ♪"never gonna get it" by en vogue ♪ and heels

mimi lee and her ex-husband stephen findley saved embryos.ing the agreement she signed at a fertility clinic and he wants those embryos destroyed. cbs news spoke with the woman's attorney. >> it's a question of whether an informed consent form gets to control. if not, whose interests are greater using the embryos. we're saying this is not a contract. it's not binding on them. when you fill out an informed consent you give direction of what you want to have happen at this time and you should be able to change it in the future. >> or should you. legal expert rikki klieman is here to discuss it. we had a big discussion in the hair and make jumup room. >> i'm not in the hair and makeup room. >> norah and i are. >> it's an emotional issue. people get very ex-ororcised about this deal. i want to talk to you a little bit about what the lawyer just said. the lawyer for the female says well it's really not a contract. it's really an informed consent form. well, not so clear. it says it is a consent and agreement form. i mean the second full word in th

educated mimi lee a juilliard trained pianist and doctor specializing in neuroscience married stephen findleyecided to freeze embryos knowing her treatment would render her infertile. signing a consent form that they would be destroyed if they divorced. now five years later they're on opposing sides of a historic case as they fight over the embryos. >> the court needs to give individuals more direction. what should be in those contracts that can make them impenetrable. >> reporter: in court documents obtained by abc news lee says the embryos now represent the destruction of my last and final chance at fertility. >> she's currently infertile given her age and a cancer survivor and think of her infertility the balance will tip in her favor. >> reporter: lee says findley who wants them destroyed would have no parental responsibility. >> he is a biological father. courts are going to be reluctant to wholesale give him a pass. >> reporter: this modern age dilemma fought publicly by sofia vergara who made a similar decision as she told "gma's" amy robach. >> i don't want to allow this person to tak