some of us are up early. some 50s out there. a couple of 60s. the fog is still back. as we go through today, we had 70s and 80s yesterday. yesterday was the warmest day we have seen. today a few more of those areas, but just a bit cooler. 8:00 a.m., 50s. by 5:00 p.m., a couple of low 80s. later this week, we will get the sea breeze coming back through. back to you. >> cool and foggy again? i didn't see that coming. >> was really hot for 15 minutes. >> summer was nice while it lasted. >> hi, mike. how are you. >> good morning. i put my jacket on for a while, took it off for 10, 15 minutes and put it back on yesterday. we will look out the roadways where we have construction going on. the bulk of that construction activity expected between tully and 680. you might find an off-ramp closed around 880. also in downtown we have the second night of lady gaga being in town at the hp pavilion. likely to have a lot of surface street traffic and perhaps a lot of spectators slowing for people dressed in interesting costumes. why i would say that? i don't know. >> completely off base. thank you very much. here is a story you have to hear to believe. a bay area kayaker is telling a real-life shark tale. he knew he was in dangerous waters, it's the area north of pigeon point. adam coca paddled there any way and nearly met his fate. the pinole man is shaken but fine. the kayak, it's a different story. >> reporter: adam coca was kayak fishing off the san mateo coast when he says a great white shark walked onto the bottom of his 13-foot boat with his sharp teeth and then flipped the craft over. >> i'm falling out. the kayak is being pushed onto my chest right here. so i am ultimately like this. hanging on to the kayak. and he's up there. and i guess my feet are just, you know, i can imagine like this in the water. >> reporter: coca said he locked eyes with the great white. he says that was intense. >> i was able to pull myself up on the kayak right here. and i'm right here, and that thing is right there chomping right there. >> reporter: coca said the shark was distracted by his paddle. >> the paddle behind him doing this. and he freaking raises up, opens his whole mouth. i see the whole shot. he raises up out of the water, turns around and go bam! smashes on the paddle. >> reporter: and he takes off. >> and takes off. >> reporter: seconds later, friends came to his rescue. his nephew caught it all on tape. >> did you see him coming? >> no. >> reporter: coca survived the attack with just a cut above his foot. his wet suit booty or his paddle didn't fair as well. the bite marks on the bottom of his boat measure 18 inches in length, 2 inches between each tooth mark. he came out of this alive, but all of this didn't sink in until he got home. >> it started to settle in the next day when i realized how close i came to at least losing a foot, a limb or even my life. >> reporter: george kiriyama, nbc bay news. >> now, that area off the coast has a history of shark attacks. three years ago in summer 2007, another kayak fisherman experienced the same thing. this great white chewed on his kayak. the man was thrown from his boat but survived. he survived. coca said as soon as he can buy a new kayak, he's going to go to the same area where he was attacked. same seconds marriages are on hold again, at least until december, that's when the ninth circuit court of appeals will hear oral arguments in the case. the decision trumps a lower order that would have aloud county clerks to issue same-sex marriages to couples tomorrow. as jean elie reports, both sides have something to say. >> reporter: debra and nevin have been waiting to get married in california for 20 years. in 1993 they exchanged vows during a protest in washington, d.c. they had a reservation at city hall in san francisco in 2008. but the court halted same-sex marriages before they could legally say "i do." they made plans to marry again on wednesday, debra's birthday. >> we planned what we were going to wear and what we would say and what we would give each other. and we were thrilled. >> reporter: but the ninth circuit court of appeals put same-sex marriage on hold. >> we started to plan a big party in october for our families and friends. >> reporter: for now the wedding necklaces will be put in a safe place while stroud and garland face another emotional disappointment. >> people get married in iowa but we can't get married in california. so i feel like a second class citizen. >> reporter: in december, the ninth circuit will consider a judge's decision to declare prop 8 unconstitutional as well as whether or not prop 8 supporters even have the authority to argue in favor of the marriage ban. a final decision about their right to marry could be a few months away. >> december feels like forever. and, you know, we could not be here. one of us or both of us could not be here. and that really hit me, that i don't know how long this is going to take. is it going to be in my lifetime? i hope and pray so. so, the ninth circuit holds a key hearing in december, but the legal limbo may not end there. whatever the ninth circuit court decides could be appealed to the u.s. supreme court. gay marriage supporters are pleased at how quickly the court is moving, despite the fact that the stay is in place. after the december hearing, the ninth circuit has no deadline to issue its ruling. >> same sex supporters say they're happy with the decision. although the panel did not outline their reasons for keeping the ban on hold, supporters of banning gay marriage represents the people's vote. >> today is a good day for the voters in general. to see the vote upheld, even though it's not the final word yet, we still have appeals to go through. for the time being it's bun upheld. we don't always see that and people often get frustrated to see their vote struck down. but today they should be happy. >> prop 8 backers claim the lift of the ban reflected his judicial activism. stay with us on the air and online for complete and continuing coverage of both sides of the gay marriage issue, the legal wrangling and debate. san francisco police are investigating a muni stabbing in the city's sunset district in the area near sunset and yorba. someone stabbed the victim several times before the wounded man got off the 29 sunset bus last night. the suspect and woman got off a couple stops later. they are working on a more detailed description, but they the victim is still in the hospital but is expected to survive. walnut creek are asking for your help find two men wanted in a car break-in spree. police say they started getting calls around 9:00 reporting car burglaries in the area. police say they slashed the tops of at least three convertibles and stole items from inside. a man was seen riding in two cars, a gray older model mazda with a wave symbol in the back window. the other a dark colored volkswagen passat with a license plate number that resembles 40sc. police say the men are dangerous so best to keep your distance. let's check the commute now with mike. >> the commute moving smoothly throughout the area. in the right hand corner, you can see the 680 interchange. out of walnut creek, a nice drive. around the caldecott, you can see the 52. that's typical approaching both westbound bores. a nice approach to the bay bridge. a live look at the toll plaza shows you the bottom of your screen, the bottom left, a few cars lining up. those car lanes look like the final toll taker has reached the plaza. from time to time we typically see a slowdown there, not all of the lanes are open until 5:30 in the morning. no issues approaching. we'll check on this later. back to you. >> thank you very much. now time to check in with craig herrera. i see either a ghost behind you or some fog? >> we'll call it fog for now. it could be casper the friendly ghost. good morning to all of you. a lot of it is blowing inland again. it's that routine we're stuck in. we talk about this in june, june gloom, but it's within with us every day. we have a spin up to the north that is pushing the fog in. we wake up in the 50s today. by 5:00 p.m., a couple more 80s. places north of mendocino county today, you can expect a couple showers and thunderstorms. close to reno and on the eastern half of sierra, on the eastern side. for those two regions, we will see high fire danger due to the lightning. the rest of the bay area will get cooler conditions as that storm passes up to the north. 70s and 80s for afternoon highs today. going through the remainder of the week, we still have cooling to talk about. your seven-day in a few minutes. back to you. >> thank you very much. it is 4:40 now. soccer mom turned to accused sex offender for the first time, her husband speaks out. we'll hear from him. pregnant and scared. you've seen the billboards, now see who is behind him. and it is music to the ears of millions of ipod users. see how one user turned his ipod touch into an iphone. ne you may have seen the billboards along bay area freeways, they read pregnant? scared? call us. but who is on the end of that 800 number? a national pro-choice foundation launched an investigation into the centers. they say the center provide false medical advice. vicky nguyen takes us inside a crisis pregnancy center. >> and what we found was unbelievably alarming. >> reporter: megan helps lead pro-choice california. she says a two-year investigation into so-called crisis pregnancy centers or cpcs uncovered disturbing trends. >> we found systematic approaches of manipulation, intimidation and false advertising. >> reporter: investigators say it starts with ads. >> when they see that heartbeat, they know that that is not just a blob of tissue. >> reporter: what the ads don't say is that the centers are funded by pro-life agencies. the investigation found many clinics provide false information about abortions. they say nationwide cpcs outnumber abortion clinics 5-1. >> in one clinic, for example, they had a large jar filled with many fetuses that you could take as a little token as you left. >> reporter: undercover volunteers went into 14 pregnancy centers in four california counties. they also called some 200 statewide. among the key findings, 60% of cpcs advise women condoms are ineffective in reducing pregnancy and certain stds. >> any allegation that condoms are not preventive at reducing pregnancy or stds are false. >> reporter: jennifer kearns says if the clinics are telling women this, they're wrong. >> many women who show up at these crisis pregnancy centers don't realize that they are out at a place that does not offer unbiased scientifically correct information. >> reporter: she says 70% of cpcs told women abortion increases the risk of breast cancer. >> abortion does not lead to breast cancer. >> reporter: she also found 85% of the cpcs said abortion increases the risk of infertility. >> abortion definitely does not lead to infertility. ye . >> yes, we are pro life. >> reporter: valerie hill heads real option, formerly known as community pregnancy center. >> we always tell every client that they can parent. they can release for adoption or they can have an abortion. >> reporter: she says women are given forms right away that clearly state the center's stance on abortion. >> we do not provide for abortions nor do we refer for abortions. >> reporter: but they do talk to women about the risks. >> this could be scary if i was sitting here listening about hemorrhage, infection, breast cancer. >> it could be scary but abortion isn't a light decision to make. >> reporter: are the counselors qualified to talk about these medical implications from abortions? >> they are qualified to give this medical information as it has been reviewed by a medical advisory board. >> reporter: hill disputes the claims that crisis pregnancy centers have a pro-life agenda. >> we respect women's decisions. we respect their right to have full information. >> reporter: but she defends some of the practices criticized in the investigation. >> do you believe abortion increases the risk of breast cancer? >> i believe it's a possibility. >> reporter: do you believe abortion increases the risk of infertility? >> i believe that's a possibility also. >> i really, really needed somebody to talk to. >> reporter: this woman featured in the center's ad said she came here after an unplanned pregnancy. while she didn't know the pro-life stance of the clinic, she said it didn't matter. >> it's irrelevant. they're stepping up and providing a service that's not provided. i wasn't judged based on choosing to abort or not abort. >> reporter: naral researchers say that every woman should have that same experience wherever they go. vicky nguyen, nbc bay area news. real options is one of the centers that naral investigators called, but they did not find any problems there. another company responded by saying naral devoted itself for nearly three decades to attacking the integrity of pro-life resource centers. this new attack is more of the same tired old hysterical rant of an abortion advocacy group that has no tolerance for those who disagree with their agenda. you can find a link to the entire report on our website, just go to nbcbayarea.com and search pregnant. the husband of the livermore woman accused of sexually assaulting two teenage boys broke his silence for the first time. as his wife, 42-year-old christine hubbs, made her second court appearance. she's charged with 67 counts of felony sexual assault of two 14-year-olds. one of them, her daughter's boyfriend. the woman's husband, a livermore dentist, sat in the front row in the courtroom. timothy hubbs said his wyc wife have his full support and that their three children are dealing with the situation. >> my kids are hanging tough. i'm just telling you that. >> how are you doing, sir? >> i'm doing okay. >> christine hubs' attorney says the accused will be ready to enter a plea to charges in a couple weeks. for apple lovers on a budget, there's a device that can change your ipod touch to an iphone cheap. it is called the apple peel. it looks like a regular cover that slips on to the phone. the difference is that this cover comes with a battery, a dock connector and a simcard. you get that for 57 bucks compared to the 500 you would spend on the iphone. the apple peel is only available in china right now, but should be coming to the u.s. this week. now the news for your bottom line. for the first time in five days, early arrows are pointing up. courtney reagan has a market preview. good morning. >> good morning. things are looking up right now. at least ahead of the opening bell. futures are pointing us higher after a flat session monday on very low trading volume. one of those quiet august trading days. asian markets were mixed overnight. europe is in positive territory. we will get economic reports this morning on housing starts, producer prices, inflation, manufacturing. results from home depot did beat the street by a penny but the revenues came in below expectations. the dow slipped monday to 10,302. the nasdaq was up 8 points to 2181. a year after the u.s. auto industry appeared to be on life support, cars made by ford and gm are top force vehicle satisfaction. the latest survey ranks ford's lincoln mercury and gm's buick brands the best it is the first time the u.s. automakers have topped this poll. chrysler didn't fair as well. jeep and dodge were dead last. more americans seem to be paying their credit card bills. some companies report from june to july that truer customer december faulted or made late payments on bills. many major credit card companies say payments have been on an upward trend for the past couple of months. that's good news. back to you. tonight is the last chance for you to catch lady gaga in the south bay. >> she's crazy and she's outgoing and amazing. and she definitely is true to herself. that's what i love about her. >> gaga fever follows her wherever she goes. last night her fans put away all their inhibitions and turned out in their best gaga-like outfits. the artist shot straight up the music charts with songs like "poker face" and "bad romance." she performs tonight. after that her monster ball tour leaves san jose. there are reports that steven slater could have his own reality show. he has been contacted for a reality show company that would feature slater help disgruntled employees quit their jobs in dramatic fashion. first slater will have to deal with criminal charges after he reportedly swore at passengers over the plane's loud speakers, grabbed two beers and slid down the plane's emergency chute. >> it's like living out other peoples fantasy. what he did. rewarding him with a show? i don't know. >> he clearly needs a job. >> the reality shows will be about feel good in the fall. that will be nice. >> i saw the apprentice here this year on nbc, it's people who are laid off. >> it's cool. give them a second chance. >> so the feel-good stories are nice. today we will have sunshine this afternoon that makes people feel good. that natural vitamin d. it's not until late in the morning that we will get clearing. 50s to start the morning. temperatures at this hour about the same as where we were yesterday. a couple of mid 80s in the warmer spots. we will get some of those today and cooling off going into tomorrow. some of the wind now, out of the west and southwest at 9 to almost 21 miles per hour. the tri valley, the delta are some usual spots with wind. getting some this morning as well. the climatology for this time of year, just want to show you where we're at. people say it seems cooler than it should be this time of year. absolutely. 69 is average for this time in san francisco. about five degrees cooler than that today. oakland, 73, much cooler than that. mountain view, santa rosa, san jose, all numbers cooler than average for this time of year. even july, we talked about that yesterday being one of the cool effort on record. 13th in the past 97 years. here is a little spin through here. very, very weak. when it gets to land right over the northern half of the state, extreme northern half of the state we will get a couple showers close to lake county and mendocino county. high fire danger due to lightning across the sierra this afternoon and tonight. if you are planning a trip there or getting ready to do hiking or camping, be prepared. this will be gone quickly though and out of here by late tomorrow afternoon. as it moves over us, we have that counterclockwise rotation giving us strong sea breezes, so late morning clearing due to the fog, that sea breeze will come out of the south-southwest. then tomorrow we will see more clearing. by noon tomorrow, a couple of 70s. notice the sunset, we're no longer past the 8:00 mark, now at 7:59. i heard that. was that you, kris? days are getting shorter now. as we get closer to fall, we will be seeing that time change and the days getting shorter. highs across the bay area today, 63 in san francisco. 85 in livermore. saratoga, 80s, morgan hill, gilroy, fremont about 70 degrees. couple rain drops north of ukiah. santa rosa, about 75. 63 in san francisco. seven-day forecast as we go through today and tomorrow, a few more 80s. next weekend, wendy and 70s for a high. >> we were yahooing because between us we have a 1-year-old, 2-year-old, a 3-year-old and a 4-year-old. it's hard to get them to bet when it's still light out. >> my two are 4 1/2, in the same window as yours. it's tough to get them to bed which means it's tough for us to get to bed to get up early in the morning. livermore, a couple things. eastbound 580 there is construction at the airway boulevard off-ramp. that might be picking up. equipment might be moving around. i've also been noticing this. 13 minutes for the westbound drive. let me explain what that means to me. talking about more folks hitting the road and the fall bringing back commute traffic. we have not seen the 13 in a while, typically it's 14. maybe the faster drivers might be hitting the road earlier. that may be an indicator that the commute is coming back. i know it's just a bit of a difference. i have too much time on my hands, exactly, garvin. i will let you know how the paint is driving as well. sunol, 680 moving well. speeds looking good. we will point out gaga at hp at 8 p, a live look shows you no problems downtown. watch for costumes later on. a lot of activity around gaga and her entourage. >> thanks. just ahead, one family's fight to let their teenage daughter with special needs play in a sally o olympics basketball program. we'll explain why she's being denied. s would you like a job with that? employment