A federal Appeals Court in n francisco live from the cbs bay area studios this is kpix5 news. Tonight a major defeat for the white house, a federal Appeals Court in San Francisco ruled against President Trumps travel ban. Good evening. Im elizabeth cook. Im ken bastida. Veronica de la cruz shows us tonight the president said he is not giving up. Yeah. The unanimous ruling from the 9th Circuit Court of appeals came down around 3 00 this afternoon. The three judge panel decided not to overturn a Lower Court Ruling that put the travel ban on hold. They said the courts are not powerless to review the political branchs actions with respect to national security. The ruling also pointed out the government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terror attack in the united states. The states of washington and minnesota argued President Trumps executive order was unconstitutional because it barred entry based on religion. We are a nation of laws and as ive said, as we have said, from day one that those laws apply to everybody in our country and that includes the president of the united states. In court, the security of our nation tonight President Trump tweeted this all in caps. See you in court. The security of our nation is at stake. The president signed his executive order last month. It temporarily banned refugees and immigrants from seven predominantly muslim countries from entering the united states. Tonight the Justice Department said it is reviewing the decision and considering its options. It has 14 days to ask the 9th circuit to reconsider todays decision or file an emergency appeal with the supreme court. Reporters asked President Trumps Senior Advisor if the president sees the ruling as a setback . He sees it as what hes always seen it as which is a statute provides a case in, this case President Trump with great latitude and authority to protect the citizens and protect the Nations National security. The interim chair of the National Democratic committee issued this statement tonight. The court upheld that we do not discriminate based on religion. That is what terrorists do and what terrorists want us to do. The former president ial candidate Hillary Clinton simply tweeted this tonight, 3 0. Now to the damage from the destructive storm, this mudslide plowed through a bay area home. Tonight the homeowner says he is lucky to be alive. In the Santa Cruz Mountains the storm cleanup turned deadly. A road worker was killed while cleaning up a mudslide. In berkeley tonight a massive tree toppled over and crushed several cars. We have Team Coverage tonight. First kpix5s Christin Ayers is in berkeley. Reporter yeah. Liz, the mess left behind after this tree toppled isnt going anywhere any time soon, neighbors telling me theyre just raeed no one was hurt. The tree actually relieved no one was hurt. The tree actually came up from its roots, took out a couple power lines and crushed cars beneath it. Gordon wozniak was finishing dinner when the power went out. It wasnt until he stepped outside his berkeley home that he saw it. There was this big tree in front of our house just filling the street basically. We couldnt even see our car buried under the tree branches. Reporter his car and others fully or partially crushed by the tree after Rainy Weather left the soil soaked, this just a small piece of the destruction around the east bay after days of stormy weather. In oakland tonight the boulder the size of a car crashed down on grizzly peak road briefly blocking both lanes. In martinez floodwaters in the streets downtown left some cars stranded. A massive mudslide in orinda forced some from their home. I thought it was thunder at first, but clearly it was louder than that. Reporter today the city tagged the house after mud came crashing from the hillside into the home. It came into the back office and bathroom and buckled the floor in that bedroom. Reporter not far away on minor road in orinda crews are still working to shore up a month old sinkhole more than 20 feet deep. Officials say federal funding is on the way, but minor road will be closed for weeks. Were also waiting for a break in the weather and hope to begin work on the project within the next few days. Reporter you can see the roots back here in berkeley from that tree just kind of sticking out of that very wet soil there. Berkeley public works did come out and do a little bit of trimming out here, but ultimately theres not much they can do until at least tomorrow morning. Live in berkeley Christin Ayers, kpix5. Lets go to kpix5 chief meteorologist paul deanno and look at our hidef doppler to not. Pretty much enough is enough, cant take anymore. You see all the things happening from 1 to 3 inches of rainfall. We need a prolonged break from the rain. It begins tonight. Heavy rain for the central valley, heavy rain just leaving the Santa Cruz Mountains, a few showers left south and east of san jose and los gatos, still raining in morgan hill and gilroy. Trivalley had showers wrap up now heading east of livermore. As we zoom out, lots of Activity Still in the sierra, but the bay area finally an opportunity to dry out and calm down. Rainfall in the snow home a county mountains snohoma county mountains, kentfield 2 1 2, till den park and Berkeley Tilden park and berkeley all between 1 to 2 inches of flooding rainfall. Tomorrow there will be more moderate flooding and in sonoma the company the morning west creek will likely stay above flood level until at least 8 30 tomorrow morning. Well talk about how long the break lasts and when rain will return. Kpix5s Jessica Flores is in the Santa Cruz Mountains tonight where a road worker lost his life trying to clean up storm damage. Jessica . Reporter the landslide cleanup on highway 17 has been suspended indefinitely because cal oshas had to figure out what went terribly wrong leading to that workers death. The site of the dangerous mudslide on highway 17 spiraled into a scene of tragedy. Devastated workers fell to their knees after two of their own were pinned underneath a dump truck. Kpix5 reporter maria medina was live on the air when it happened. A woman driving by saw the truck crush one of the workers. Reporter a woman driving by on highway 17 started honking and screaming and yelling and wouldnt stop. Unfortunately she was trying to get the attention of a chp officer. The driver was backing up hauling away mounds of mud from the landslide in the santa cruz man when he ran over the two men. Both victims were working for granite rock, a contractor with caltrans. The company tweeted this picture identifying the worker killed as 54yearold bobby gill. Hed been with the company for 15 years. The second man was identified as 33yearold Steven Whitmire survived after medics rushed in to help. Conscious talking and transported over the hill to valleyed me. Reporter caltrans wont resume valley med. Reporter caltrans wont resume the cleanup until osha finishes their investigation. It wont be monday, but hopefully well have an updated time when caltrans knows whats going on. Reporter a routine day to make the roadway safe again turned into a nightmare for the workers on the ground. Something like this tragic happens, its very heart breaking for all of us. Reporter chp said that the victims were wearing their bright safety gear. They also want to remind drivers here on highway 17 to slow for the cone zone. Jessica flores, kpix5. In the north bay this car got stuck in floodwaters floodwater today. It was pulled to higher ground. Highway 37 in novato closed again tonight with water continuing to rise there. The chp said this is the worst flooding they have seen since this all started and they are looking at a prolonged closure now possibly into late next week. In marin the storm was so bad dozens of schools had to be closed. Reporter the heavy rain has stopped. The flood threat is gone, but check this out. We are still seeing piles and piles of sandbags in front of storefront after storefront here in downtown san anselmo. Truth is folks here are a bit exhausted with all these waves of wet weather. Panoramic highway on the way to mirror beach is closed because a big chunk of it is missing. Theres high water near the high school in mill valley. A couple miles away a large tree crashed on the top of a garage. I just came home from work and the San Francisco symphony and saw all the pg e trucks and thought oh oh. Reporter but the oh oh in the north bay today was not always bad always past storms or the one earlier this week. San anselmos downtown was boarded up and sandbagged, but the madeira creek stayed within its bank. Water got in a few garages, but most of these homes are raised. It wasnt a record storm, but still quite a few schools shut down. That doesnt mean every student stayed dry. This street always floods when it rains hard. Its just fun. Ive lost shingles. Ive lost a fence. I have downed trees. Reporter up until now the people of marin have welcomed the rain, but many recall nooning gripping for a break. Ready for a now are angling for a break. All marin county schools will be open tomorrow. The forecast is clearing and barring any Unforeseen Development classes will be in session. Tonight californias second largest reservoir is threatening to overflow for the First Time Ever and the state has been releasing water from Lake Oroville so fast it broke the spillway. We found out it may still not be fast enough. In all my years living herei would have never imagined i id hate to see them have to use that emergency spillway. Reporter hes lived by the spillway since he was born. Concerns over the broken and battered spillway continues. They are watching with a close eye from below and above the gaping hole. As lake levels continue to rise, authorities must do something to ease pressure on the dam. So theyre releasing water despite the fact that the hole is more than double in size and is in the collateral damage, earth being torn away. Eric see with the dwr said the water will eventually hit bedrock. The erosion will essentially stop or slow down greatly at that point. If thats the case, we could have use of the existing spillway which is what were hoping for. Reporter all effort is aimed at avoiding an unprecedented move. Unless conditions change, we anticipate there may be a release of water over the emergency spillway, maybe sometime on saturday. Reporter workers spent the day clearing debris from beneath the emergency spillway just in case. If we can push up to 50 or 55,000 cfs during the next 24 hours, then we think we can reduce or eliminate the need to use the emergency spillway. Reporter in the history of the dam water has never gone over the emergency spillway. All my years living here i would have never imagined it. The problem with the emergency spillway is that it runs over bare ground which could sweep tons of mud and debris into the river below, but officials insist whether it goes over or not theres no danger to communities downstream. Now look at this. The map on the left shows how much of the state faced extreme Drought Conditions a year ago. Compare that to the current map on the right. The drought is now over in 53 of the state. Tonight the city of San Franciscos homeless director is apologizing after some offensive comments were made in the back of a lyft. They had to do with women and the homeless. His lyft driver kevin posted on facebook that he heard the director and a friend talking about a female employee that they called dead weight. Then the driver claims that they passed by some tents on mission street. He says that one of the men said harshly, they are here now, too. Tonight the director posted this. My friend and i were talking about his professional frustrations. We were also making light of things we shouldnt have. We director on he went on to say he is sorry for offending kevin and anyone who has read his facebook post. We talked to the director on the phone tonight. He told us that he did not want to go on camera. There was a shooting on board a muni train today around 2 00 this afternoon in San Franciscos dogpatch neighborhood. Police say two passengers were fighting and one pulled out a gun. One person was shot, the other injured in the fight. Both victims are in stable conditions tonight. Sanctuary cities have gotten a lot of publicity lately, as you know. Tonight b. A. R. T. Is considering becoming a sanctuary transit agency. Thats right. B. A. R. T. Is looking into a new policy that would protect undocumented riders from federal immigration officials. An illegal citizen. The plan calls for limits on b. A. R. T. Police. Right now b. A. R. T. Police officers can contact the feds after arresting an illegal citizen. The new policy would end that. B. A. R. T. Will talk more about the new sanctuary policy at a Board Meeting next month before making a final decision. After months of silence tonight President Trump agreed to honor the one china policy. Mr. Trump talked on the phone tonight with the chinese president xi jinping. Tonight President Trump agreed at xis request to reaffirm the one china policy and maintain only unofficial ties with chinas rival taiwan. Tonight democrats and republicans in washington finally have something they agree on. Allen martin shows us theyre calling for an ethics investigation into the president s Senior Advisor after she went on national tv and promoted ivanka trumps fashion line. Senior white im going to give a free commercial here. Go buy it today, everybody. Senior white house advisor Kellyanne Conway made the remark on a table tv interview this morning. Go buy ivankas stuff im going to tell you. The republican chair of the Government Oversight Committee called conways comments wrong, wrong, wrong, clearly off the line, unacceptable. Its a wonderful line. I own some of it. The white house says shes been spoken to. Shes been counseled on on that subject and thats it. The Top Republican and top democrat on the Government Oversight Committee sent a letter to ethics officials. Theyre calling on them to determine it conway should be disciplined. President trump will have the final say, but they point out he has a conflict of interest because conway promoted his daughters products. Allen martin, kpix5. Get ready for a triple treat in the sky tomorrow night. A lunar eclipse, a full moon and a comet. You can check out the comet about 7 30, but you got to use a telescope or binoculars. Even all this wont compare to what we will see in the skies come this august. The first total Solar Eclipse to sweep from coast to coast in 99 years. Sharon chin found out only on 5 if you want a private viewing spot, the sun may have already set on your chances. Reporter armed with safety glasses, Anthony Barrera is ready to witness his first total Solar Eclipse. Probably the most awe inspiring thing that anybody can see. Prepare on monday, august 21st, the sun and moon will line up with the earth and appear about the same size revealing the suns corona or atmosphere. Day will turn to night. The air will get cold. Reporter in 90 minutes the moons shadow will sweep along a 60mile wide stretch from oregon to South Carolina called the path of totality. Jim tott of the Oregon Museum of science and industry. Its traveling close to 3,000 miles per hour. You have to be at the right place at the right time to witness the totality. Reporter here in oregon its already shaping up to be quite the hotspot for people planning to come here to view the total eclipse. Its got the best weather. The weather has shown that weve had clear skies in the state of oregon. So the odds are pretty good. Reporter odds are youll have a tough time finding a place to stay anywhere along oregons path of totality in cities like salem, albany, corvallis and madrid where the totality could be solid for two minutes. In albany general manager greg johnson began taking reservations more than a year ago at the 86 room comfort suites in linn county. Eclipse watchers book this room for 200 a night, twice the current rate, but we found other motions like this in corvallis charging 800 a night. What do you do if youre looking for lodging . Theres still time to get on the wait list, see if theres a cancellation. Reporter consider hotels and home recommendations just outside the path of totality north in portland or south in eugene where you can still view a partial eclipse and more campgrounds will be open, but reservations are going fast and so is admission to three dozen viewing parties including omsis morning long event for thousands at the oregon state fairgrounds in salem. Theres a lot of people coming from japan and canada and from all over the u. S. As well. Up to 1 million visitors are expected always the eclipse crosses the Beaver States in nine minutes. Make a trip out of it. Take that vacation and stay for the week and weekend with your family. Reporter as for anthony, hell watch the total eclipse high up in teton village, wyoming, a trip he booked with the San Francisco amateur astronomers two years ago. The weather is a little more iffy. Still im very excited. Reporter for the celestial sight of a lifetime. Sharon chin, kpix5. The next Solar Eclipse in america is in 2024. It cuts through mexico and texas and passes through maine and canada. We wont see one come through california until 2045. Or you can sit here on kpix5 and watch it on tv. Im told its an amazing experience. Weve got the total Solar Eclipse, not partial. It goes dark in the middle of the day. The lights are out for only two minutes. Its kind of crazy. Imagine 2,000 years ago when they didnt know it was coming, must have been pretty scary. South bay is the last spot to get the rain moving out, morgan hill and gilroy. The balance of the bay area thankfully, man. We received a ton of rainfall. We are crying out, santa rosa, petaluma, san rafael. San francisco is wetter than seattle by 50 since the beginning of the year. Santa rosa has received three time the amount of rain that our friends in the Pacific Northwest have. Speaking of snowfall, we are the snowiest place on the planet now, the sierra in california. Winter storm warning, why not, lets add another 3 feet of snow in the highest peaks. The Winter Weather alert goes until saturday morning. It temperatures outside under cloudy skies, San Francisco 55, oakland 58 degrees, upper 40s in the north bay, 48 santa rosa, fremont 42, san jose 53, sunrise 7 05 and a tiny chance we see the sun tomorrow for the first time in a while. All this tropical moisture. Weve had several atmospheric rivers aimed right at california. This will push out. A ridge of High Pressure will build in and the add will stabilize. We get a minimum of five straight mainly dry days, not tomorrow. There will be a few scattered showers, a few peeks of sunshine, sunshine especially in the afternoon for the santa clara valley, temperatures low 60s. Dont rule out a shower or two tomorrow, a little green on the radar tomorrow morning, a few showers tomorrow evening. The bottom line is the storm is gone. Scattered showers remain. Saturday 9 00 sunshine across the board. Please enjoy. Its been a while. Scattered showers are still here despite the fact soaking rains are finished. Sunshine a little bit friday afternoon, much more this weekend, mid60s, dry through the first half of next week. Highs tomorrow upper 50s, san rafael, santa rosa, low 60s, concord, fremont and san jose. Your extended forecast, happy to report five straight dry days, mid60s inland, low 60s near the bay, valentines day tuesday, guys, looks great. Next thursday we could be looking at yet another storm and the flood threat around here will be elevated for quite a while. The oroville dam, they will not be able to control how much water goes over that emergency spillway. That will be a problem. Well have to watch it. Thanks, paul. Tonight something weve tonight something weve never seen before ,,,, 8drw where do babies come from . Well, they come from our hope and a longing to bring something new into the world. Its fitting, then, that classrooms of children are born every day in Northern California the cradle of ideas, changing the very world around us. Every bright spark deserves a hand to help it become something more. And thats why we are here. For our newest neighbors and the people they become. Sutter health. Proudly caring for Northern California, newscast is sponsored by living spaces. Breaking news out of washington tonight, america has a new health secretary. Just a few minutes ago the gop pushed tom prices nomination through a divided senate, the vote straight down party lines. Mcdonalds just added something new to its menu in san jose. Crab. The crab sandwich is snow crab and seasoned mayo atop a toasted sourdough bun. Delicious. Would you buy a crab sandwich from mcdonalds . No. Oh, yeah, you would. Local operators sell the crab sandwich, price tag 9 bucks. Oh, stick with the big mac. How a love story at pebble beach could be two years in the making. Im dennis odonnell. The 49ers unveil their new regime, how new head coach Kyle Shanahan is deal,,,,,,, coming up next on kpix5. Ground log day was a week ago in pennsylvania and Punxsutawney Phil showed up again today in santa clara. Take you back to 2015, 49ers ceo jed york introduces tomsulas head coach. Today gm john lynch and head coach Kyle Shanahan were jointly introduced. Shanahan is trying to turn the page from criticism over his play calling in the super bowl, clearly still a little tender. It was harder than anything ive gone through. What was really cool about that is most head coaches in that situation are usually at the next spot the next day. Jed allowed me to take a day and a half before i came out here. I was definitely grieving it and probably will for a while. Round 1 of the at t pebble beach proam will spill into tomorrow because of the nasty wind and rain. Before the storm moved in Phil Mickelson had the shot of the day. Had seven birdies, two doubles, 17 over through 17 1over through 17. Mark hubbard pro posed in 2015 after the 1st round. Play was suspended at 1 30. They will finish the 1st round tomorrow maybe. San jose was hit with an avalanche of goals. Theres the second score of two power play goals, boston the winner tonight 63. Santa clara fans jacked out of their minds because the broncos nearly erased a 20 point halftime deficit. Jared brown reached before the buzzer, no. Usf hangs on and win 6158 and get their 17th win. St. Marys beat portland tonight. Ucla and oregon, watch the cheerleader straight left top of the pyramid, took a pretty hard fall and the ucla staff carries her off and watch the guy carrying her, oh, down goes frazier as we say in the business. Have a nice trip. See you next,,, its okay to cry, right . No more we dont want anymore [crying] ahhhhhhhhhh everyday price and no extra monthly fees, unlike cable. Speeds up to 45 megs, for 30 a month. Our next newscast is tom morning the late show with Steven Colbert is next. Our next newscast is tomorrow morning at 4 30. Punxsutawney phil, you Punxsutawney Phil, you brought that ,,,,,, ator on todays special paid presentation Punxsutawney Phil, you brought that ,,,,,, for Cindy Crawfords new meaningful beauty ultra, brought to you by guthyrenker, youll discover the secrets to not only aging gracefully, but beautifully while looking your absolute best every step of the way. I think my philosophy on aging is really more my philosophy on living, which is just do it well, take care of yourself. Its about celebrating where you are and being the best you that you can be in that moment. Then its not aging, youre just living. female narrator in the next few minutes, some of the worlds most inspiring women