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Booked a flight back to the bay area on a different airline. Southwest airlines has refunded his money for the unused ticket but he said he wants a formal apology. In berkeley Juliette Goodrich kpix 5. Authorities are trying to figure out why a man barricaded himself inside a car near the Capital Building for about two hours. He surrendered to police a short time ago. Patrol cars swat vehicles and caution tape blocked off the area. Businesses were evacuated as a precaution. Capital police say the building is not unlocked and at this time. In san jose a pedestrian was struck and killed by of eta. This happened about two hours ago. Real trains showed it stopped before it entered the intersection. Service will be affected but classes will transport passengers into the area. It is unclear if the victim was in the crosswalk at the time of the crash. Two are very warm weather a live look right now at san jose where it is 87 degrees. Were talking recordbreaking. Chief meteorologist paul deanno is outside. The sharks are taking on the kings in the stanley cup playoffs and the level will be seeking the ice out there. Reporter nothing says i socking like a recordbreaking afternoon hitting 90 degrees. That is what happened in san jose and we are getting ready for game three. Happy to report the living hotter than the weather will be the san Diego San Jose sharks. Look at these high temperatures the warm spot is exactly where i am standing. He hit 90 degrees and shatter the old record of 86. The record high was 66 years old broken today. Mountain view also set a new record high. 83 was the old record and today was 86. The record in San Francisco is 83 and your high is 79. The onshore flow is returning and you can feel it in most spots outside. We are down to 81 in san jose and 79 in napa and 79 degrees in oakland. More cool weather is on the way. Here is the rule of thumb for the weather for the past couple weeks. Whatever it is on monday it will be exactly the opposite on friday. There is some rain in the forecast. In just over two hours the warriors will be back in court facing the Houston Rockets for game two of the nba playoffs. We are at the oracle arena were all eyes are a number 30. Reporter 2 1 2 hours out from tipoff we still dont know whether steph curry will be taking the court tonight. We got a little warm up action happening here obviously come to our warriors playoff game you expect to see steph curry on the court working his magic. That may not happen tonight. We spoke to a few fans here for the first basketball game they say this will be exciting anyway. Im just excited to be out here. Its my first game of the season. We have strength in numbers. No matter what happens we will put it down and laid on the line and we will come through. Reporter the fans are saying we cant just rely on curry. It would be great to see him out here on the court especially for fancy plate a lot of money and we still dont know whether he will take the court fans who paid a lot of money. We still dont know if he will take the court. We are waiting for an update. Dennis odonnell will have much more on the warriors playoff run. Steph currys ankle will he play or will he rest that is coming up at 6 00. San Francisco Mayor edley has a new plan to combat homelessness in the city. Hes creating a new department on a homelessness which is consolidating five departments into one. The city will build 3000 new shelter beds think about that extra 3 million a year for four years. New camp seven popping up in different areas the city. Passionate testimony expected tonight at the City Council Meeting in palo alto. Topic is whether to ban or allow twostory homes. The majority of the homes were developed by Joseph Eichler they are one story and have signature floor to ceiling windows and residents say that twostory homes nearby would compromise the integrity of the area and any sense of privacy. They claim that someone standing on the second story would be able to see right into their homes. We are learning an american is among the victims of ecuadors 7. 8 earthquake. We learned the death toll has jumped to 413. There are successful rescues like this man pulled from a collapsed apartment. A woman was trapped under a roof and a small child pulled from under a fivestory building. 2500 people are injured and many others are still missing. This is ecuadors strongest earthquake in nearly 4 decades. The military is sending aid to japan after a series of strong earthquakes there. 42 people died and more than 1000 were injured in the kumamoto region. The us is sending supplies as part of a humanitarian agreement. New at 5 00 they could save lives when the next big quake hits here in the bay area. Tsunami evacuation signs and San Francisco are being stolen by someone. Mike sugerman shows us the confusing results. Reporter casino we could do a lot of damage to the bay area especially San Francisco. It will happen like you did in the movie san andreas but still powerful and dangerous as this map shows you will want to get away from the water as fast as you can. Inland. Reporter that is smart. Thats what the city of San Francisco wanted to do and has signs to get you on the way. Tsunami hazard zone in case of earthquakes go inland. Truckers unofficial rate. I am driving and driving theres another sign lets follow that. Now where do i go. I have no idea where the next sign is. Reporter Francis Zamora of the Citys Department of Emergency Management said 180 signs were put up in 2008 but now a lot of them are missing. Someone or lots of someones are stealing them. I dont have heart birth but they have gone away. Hard proof that they have gone away. We discourage people taking them. They help people in the event of an emergency and thats what they are there for. Reporter a new survey will help identify where they need to be replaced. Where did they end up . Check ebay. Here are some. They claim to be in new condition but they dont look at. I dont think that ebay is the city approved vendor. Reporter to replace the signs it will cost 175 each. Today marks the 110th anniversary of the 1906 great earthquake and fire the devastated San Francisco and much of the bay area. A moment of silence this morning followed by silence to honor the victims and survivors. This is the first year that no survivors are alive to mark the occasion. Saluted police are making an arrest in last weeks theft of a car with a little boy inside. Carmen maldonado has been arrested and faces charges including kidnapping and attempted murder. He was found at it remote farmhouse in monterey county. Maldonado is accused of stealing a running car from a driveway with the twoyearold inside. The child was found safe seven hours later in the same car left abandoned as we said at a barn in monterey county. The Supreme Court appears divided about a case blogging immigration programs. The four conservative justices question the president s ability to use executive action to shield to some forementioned 4 million undocumented immigrants from deportation. The four liberals on the bench noted that there are not enough resources for deportation. A split court would mean the Court Programs remained blocked. A big one for google today. The Supreme Court rejected a challenge to the online book library from authors to complaints the project makes it harder for them to market their own work. The justices let stand a Lower Court Ruling in favor of the mountain viewbased tech giant. Tomorrows primary in new york could change the momentum. That is what donald trump and Hillary Clinton are hoping for. We shushing reports from other candidates are campaigning hard with less than 24 hours to go. Donald trump met with supporters including on marissa from the apprentice. The new york businessman heads into the contest with a 33 point lead over nearest rival ted cruz. Cruise it ted cruz is not even in new york. He is campaigning in maryland which votes next week. We are here today because our country is in crisis. Reporter in upstate new york john kasich tried to present himself as the alternative to trump. We talk about how we lose everything. What are we losing . We live longer we are healthier our education is better. Reporter in the democratic race Hillary Clinton is trying to hold onto a 10 point lead both she and Bernie Sanders urge supporters here in new york city to show up at the polls. We are not taking anything for granted. Reporter clinton met with Union Workers at a car wash in queens while Bernie Sanders thanked Striking Verizon workers for standing up to corporate greed. That is the kind of greed that is destroying the american middle class. Reporter sanders pulled off an upset victory before and hes open to do it again. Weijia jiang cbs news new york. Deadly flooding hits the south. Coming up a news crew tries to save the driver just moments before his car is submerged in rising floodwaters. Several varieties are sold in Grocery Stores but which type of milk is actually the most healthy. The answer may surprise you. Sears customers are seeing red over canceled service calls. The excuses the company is making. , recently announced its speedingup plans to close t 50 stores. As consumerwatch reporter julie watts explai, while sales are falling. Compla it is no secret that sears is struggling right now. The release plans to close about 50 stores. While sales of filing complaints about the company are rising. Reporter at sears sales are down and complaints are up. One of the most common is no show service employments. Appointments. Crystal says they canceled for appointments to fix or microwave. The employee they say each time he give a different reason. And then we get a call that says im sorry we cannot make it because of inclement weather. It is 70 degrees outside. Reporter thats the same explanation that the says sears told her when they canceled when the for appointments. The sky was blue and the sun was shining. Reporter at least sears called to cancel their appointment. Others tell us they just did not show up. In response sears tells us demand for services outstrip the availability of technicians and they are looking to hire more. They also say the problems are unrelated to the stars declining sales. That can be very frustrating. Reporter john wilson at the das office has customers in california he gets to buy Service Technicians who get stood up by Service Technicians have recourse. It allows customers to collect up to 600 in damages if the delivery or repair person fails to show up within an agreed upon for our window. They would have to show that they had suffered actual damage. They would have to prove that they lost wages or had other expense. Reporter myers who finally got her microwave fixed says she will be suing though she will understand why someone would. It is so frustrating. Reporter the civil code only applies to companies with 25 or more employees and only if they fail to notify you before the canceled appointment. Even if they do notify you the next time around you are entitled to a shorter to our window for that appointment. Right now at least five people are known dead in houston after an intense storm dropped more than 60 inches of rain in less than 24 hours. Morpheus rocket on the emergency that evacuations underway as the uss fourth largest city is shut down. Reporter dude you have to get out of the car. Reporter drama unfolded in real time during it tv news live shot. The crew urging this man to safety after his vehicle became trapped by fast rising floodwaters. Are you okay sir . I had no idea it was going to go so deep. No idea. Reporter the water surrounding neighborhoods and apartment complexes. Some people were able to get out but there are still some trying to reach drier land. There is a little bitty baby. Reporter more than 1200 water rescues were taking place in the houston area with the mayor telling everyone in a safe place to stay put. The best advice i can give you is not to leave your home. Stay in your home and neighbors to come neighbors. Reporter a violent weather systems turning eastward from the dakota spurned torrential rain and dangerous lightning that produce these widespread scenes across southeast texas. Meanwhile back here my than handheld san jose where hopefully we will get our own share of the rain later on. We will see some rainfall. Thankfully not as much as southeast texas. It does not feel like that it right now. We are at the sharks arena. Game three of the series between the sharks and the Los Angeles Kings is two hours away. People are having a good time outside at a little preevent. You can get your picture taken with the sharks territory sign and you can have a little food or drink before you go inside and watch the sharks hopefully go up three games to nothing. Thank goodness for the seabreeze because we went from near 90 down to 80 degrees in short order. That is mother natures clipping on the air conditioning. The onshore flow is back albeit a little bit. We cool to 69 degrees in San Francisco and santa rosa is 81 it is 81 at san jose, 84 in livermore, for many of you this is the warmest day so far this calendar year. Upper 40s tonight for a few of you livermore in napa 49, pacifica 53, san jose tonight 54 degrees. The ridge they give us the offshore or northeast ridge is weakening and moving. So what is next . The big lec l you see is moving closer and temperatures will drop significantly. We are clear and mild tonight with sunshine tomorrow not as warm but it will be about 5 to 10 degrees cooler and showers as soon as thursday afternoon. It will be cloudier as soon as wednesday. San francisco is still warm perhaps more warm than today. Santa rosa is 78 alejo is 81. Nobody hits the 80s wednesday with partly sunny skies. Nobody skedaddled nobody gets out of the 60s on thursday. A few showers possible on thursday we will dry out for the weekend partly to mostly sunny skies but we will stay in the 60s and on monday we will stay below average. The beginnings of the week are different from the end of the week. There are the facts with the onshore flow returning and no Canadian Hockey Team made it to the playoffs. Those of the code places. Miami florida made it san Jose California made it nashville tennessee made it los angeles beta but all of the canadian teams are home are ready. We are playing hockey and hope and we got 30. Go sharks. She may be on but this student helped stop an environmental disaster. You will meet one of the youngest winners of the Prestigious International prize. Stocks were up today the dow closes at its highest since july. Here is a look at the closing numbers. ,,,,,,,,,, whole milk vs skim milk. A new study put out by Tufts University suggests fullfat Dairy Products may actuallyp fight against diabetes and weight gain. Researches took 15 years it is the ultimate dairy debate. Whole milk versus skim milk. Researchers took 15 years worth of data for more than 15,000 adults and found those with the highest levels of dairy fat had a 46 lower risk of developing diabetes. Do not throw out the skim just yet. Dr. Suggest a healthy balance of both. Pilot program in San Jose State University linkedin has launched a nationwide linkedin for students. The app asks students aptitude questions to help decide in a career. Once they are matched the app links them to suggested reading help full links and professionals in the field. The app is free for ios and android. City leaders unveil plans to minimize problems on the annual pot holiday known as 420. It is this wednesday in golden gate park. This comes after complaints from Business Owners who say it is gotten outofcontrol from garbage to traffic jams the plan includes street closures portable toilets and organize clean up the next day and increased police presence. 15,000 people are expected to attend. The worlds top prize for Environmental Activism will be handed out this is it evening in San Francisco. A 20yearold is in the among the winners. Destiny ran a campaign to stop a giant incinerator to from being built. She says her youth was an asset at a drawback. Sometimes people will kind of try to baby you and did not consider your causes to be serious but i think the important thing is to connect with people. The builders had marketed as a trashy energy project. She and her Team Targeted prospective buyers of that energy and convince them it was a bad idea. She said when she first got the call she would win the prize. We will be back. ,,,,,,,,, tonight taking back the beach. Es fight to control i am allen martin. New at 6 00 taking back the beach. Local cities fight to control the option to take back the paradise. It could mean big changes for coastline. Its a place for skating stars are born but the last week of the peninsula is on thin ice. The final fight to keep it from turning into retail. Those stories and much more at 6 00. Dataset for kpix 5 news at 5 00. Remember the latest news and weather always on kpix. Com the. Pelley the water is deep in the heart of texas. Refrigerators, containers, mattresses, the only ways out. Also tonight, cbs news is in ecuador where hundreds are dead in the earthquake. The search goes on for the missing. More americans are ordered into iraq n interview with charlie rose, the president rekes a bold prediction about a key battle ahead. Mosul will eventually fall. Pelley and, she survived the boston bombing. Reporter are you still angry . Yeah, i am. Pelley now shes turned anger into energy on the dance floor and at todays marathon. Captioning sponsored by cbs this is the cbs evening news with scott pelley. Pelley this is our western

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