good outcome, but there is also the possibility of something different happening. we have to congress to temper our hopes and dream a lit -- continue to temper our hopes a little longer. >> reporter: the supreme court justices will likely have a decision by the end of june. allen, keep in mind there are nine justices. they could go in nine different directions. one thing is for sure, this is an historic moment. >> juliette goodrich, thank you so much. the supreme court has also agreed to review the a challenge to the national defensive marriage act. >> they have to solve this on a national level because there is just too much administrative confusion right now. who can visit who in the hospital, who gets health benefits. which marriage count, all of these questions. >> as for what happens now as juliette said, lawyers on both sides argue their case before the justices in march. that decisionfected by june. the battle over same-sex marriage has a unique story here in california. we are the only state that has ever allowed it and then band it. in 2004, over a period of month san francisco issued some 4,000 marriage licenses under the direction of the then mayor. the marriage were outlawed in 2008 with the passage of prop 8. that ban was later ruled unconstitutional. same sex marriages will remain on hold until this case is finally settled by the supreme court. ken, folks there i'm sure cautiously optimistic. >> reporter: yeah, allen. you would expect in the gay friendly district people would be overwhelmingly glad and approving the fact that the united states supreme court is going to take a look at this. in fact, we found a little bit of anxiety out there. there is a chance it could goer to way. our photojournalist took time to walk the neighborhood and spoke with people about this issue >> they're going to strike it down. that's wrong. >> it's been a fight for years and years going back and forth. hopefully some day everybody will be equal. we won't have to worry about this anymore. >> it seems kind of ridiculous to me that nine people are going to decide what's best for my partner and me. >> you mentioned the 4,000 couples that got married in san francisco, allen. it was interesting because we ran into one of those guys. he said yeah, i have the right to get married and i have the right to get divorced and i should be able to do that again, just like everybody else. that's the whole point of this being equal. so, we'll see. as juliette said, it is probably not going to be decided until june. reporting live from the castro, ken bastida. back to you. a stand still own one east bay highway. chopper5 is over a deadly crash. the crash involves a big rig in a car shut down part of the highway. the crash happened near the airport less than two hours ago. diesel is actually spill out on that roadway. that has pushed back the reopening for another hour. as we said, the commute is at stand still. a local christian group that traveled from oakland to florida to make a difference in people's lives ended up victims of a robbery. the group are on their way from the airport to the bank. when they stopped to grab a bite to eat at apheter lauderdale dale restaurant thieves broke into their van and stole $12,000 in cash along with their luggage and their i.d.s. >> it is not that you stole money. the amount of money you stole, you stole dreams. you stole those things that we wanted to do. you had just left not just me but you have left many people right now without food, without shelter. >> well, the group no longer stranded without money. today, they were surprised with a 15 15 -- $15,000 gift from the owner of the miami dolphins football team. we are not talking about ticket prices with high demand. cbs 5's reporter da lin on how writers would have to pay more before they even get on the train. >> reporter: the bar parking lot always fills up every morning. so, for busy parking lots like this one in east patience some bar officials want to increase their current parking charge from $1 to $1.50. >> riding d.a .r.t . could soon cost you more. rite now most charge between a dollar and $2 depending on the location. the b.a .r.t . officials are look at increasing based on demand. lots that fill up during the morning commute would see an increase of .50 with the possibility of another .50 increase if demand remains high. given the recent surplus we asked b.a .r.t ., why charge more. >> to keep it clean and reliable and safe without having to raise fairs. >> this college student says it willed a to her financial bit. brenda lopez already pays about $200 happen month to take it to san francisco state, and that's not counting parking. she says adding another .50 everyday would really hurt her budget. >> it would just make it difficult for students like myself that already find it a little difficult, plus budget cuts. >> passengers also agree the proposal is a bad idea. considering b.a .r.t . parking lots used to be free. >> o mg. i have to get an extra job now. >> they report a quarter of their passengers park at its 33 parking lots. some riders say even with the increase it would still be a great deal. >> can't even get a cup of coffee for a dollar, so it is very reasonable. >> the reality is i need to get into downtown so i will pay it. >> reporter: folks have until the 18th to take an online survey. you can find that survey at cbssf.com then click on the news link. i'm da lin cbs 5. >> well, in spite of what hurricane. well, in spite of what hurricane sandy did to the east coast, the unemployment rate is at its lowest level in four years. the economy added $150,000 last month. that dropped the unemployment rate down to 7.7%. those numbers do come with a grain of salt. more people stopped looking for work, therefore were not counted as unemployed. stocks closing mostly high on wall street after the better than expected job report. the dow was up. the s&p 500 edged up no. however the nasdaq drop 11 points. with the edge of the fiscal cliff fast approaching, only 25 days, going over it threatens to ruin the holidays for millions of americans. danielle nottingham says republicans are waiting for the president to make the next move. >> vice president joe biden at lunch with middle class americans who will take a $200,000 hit if their tax cuts expire. >> this is no time to add any additional burden on middle class people. >> while the white house is pushing congress to renew middle class tax cuts, the president says he won't take any deal that won't extend tax cuts for the wealthiest americans. >> it will take 15 minutes from the time the decision is made by the speaker of the house to pass and make permanent middle class tax cut. >> reporter: both parties are leaving the talks to president obama and house speaker john boehner. here on capital hill, boehner says he is still waiting for the white house to respond to the latest gop proposal. >> this isn't a progress report because there's no progress to report. >> republicans are offering to extend tax breaks for all americans, close tax loopholes and cut nearly $1.5 trillion in spending. >> i came out the day after the election to put revenues on the table to take a step toward the president to try to resolve this. when is he going to take a step toward us. >> jay david cox sees real conqueenses if the country goes over the cliff. >> -- consequences if the country goes over the cliff. >> there would be a lot of employees who would be furloughed or lose their job. >> speaker boehner says he will be staying in town this weekend ready to negotiate with the president. danielle nottingham, cbs news washington. a car can't be registered at the dmv. turning buyers and sellers into big losers. when it comes to early december weather, does it get any better than this? if you're a fan of sunshine, we will talk about the prospect of sunshine over weekend and take a look at the state's snow pack. it was 71 years ago but feels like yesterday for one bay area veteran. how he survived the attack on pearl harbor. >> those bullets will kill you. i had to dive off the ship to keep from being killed. ,,,,,, without their cars or their money. cbs5 consumerwatch an auto dealership has vanished leaving dozens of customers without their cars or their money. cbs 5's consumer watch reporter julie watts on the does he recall ship that unexpectedly closed up shop under the cover of darkness. >> the business is gone along with the cars. >> a to truck came in and took the cars. >> also missing, their money. >> sunnyva le motor coarse has disappeared leave -- cars has disappeared. >> it is theft. >> todd parsons is out $28,000. he says they took his bmw engraver him a bad check. >> it is all a scam. >> this student wanted to eliminate a $600 car payment so she left them her vw to smell they said they were going to pay off my loan once the car was sold. >> she says they did sell her car. they just never paid off her loan. >> i don't have a car and i have to still make payments on my loan. >> it is just as bad for the man who bought her car. abe sharp says he is stuck with a vehicle he can't register because there is a lien on it. >> we don't have valid registration. >> there are dozens of similar complaints online. adding to the frustration, these folks say so far neither insurance companies nor police have been any help. >> i don't think they even assigned an officer to this particular case. >> my insurance agent said he had never heard of this. >> the police tell us it is complicated because the customers had a contract with the dealership which could make this a civil case and customers fear that could mean a long road to recovery. >> i feel a little stupid, a little naive that i let this happen. >> reporter: the property's owner tells us that sunnyvale motor cars also skipped out on trent. customers who lost money can apply for reimbursement through a state recovery fund set up to help those who are hurt by the closure of a dealership. for more you can head to our website. in this case they say it may just be civil matter. >> certainly seen those consignment lots, by never thought that could happen. >> well, here is what could happen. >> julie, thanks. and all hell broke out. the shift began to lift, had great big holes on port side. >> he was there on the day that lives in infamy. a local pearl harbor survivor gives his account of what happened on the day the japanese attacked. plus, a rare salmon siting in the east bay. they haven't been seen there in 50 years. what's bringing the fish back to that area. ,, ,, [ crickets chirping ] [ traffic passing ] ♪ [ music box: lullaby ] [ man on tv, indistinct ] ♪ [ lullaby continues ] [ baby coos ] [ man announcing ] millions are still exposed to the dangers... of secondhand smoke... and some of them can't do anything about it. ♪ [ continues ] [ gasping ] marked the 71-st anniversarf a moment of silence then followed by afullyover. pearl harbor survivors and their families mark the 71st anniversary of the surprise attack. about 30 survivors, many using walkers anagens attended the commemoration in hawaii. the attack killed 2,400 people and launched the u.s. into world war ii. a sailor found himself on battleship west virginia december 7th, 1941. he vat down with cbs 5 reporter ann makovec and told her how he managed to survive the attack. >> at first i said hel l, no, i'm not going abandon my ship. >> john will never forget those moments from december 7th, 1941 when he was stationed in pearl harbor hawaii. >> i was on the battleship,ss west virginia. a great big monster. i looked and saw a plane head for my ship >> then he six torpedos head out. >> we had an outstanding crew on that ship, unfortunately. >> he is 92 years old but his memories are as sharp as ever. he attended this memorial service this morning on coast guard island. and we sat down to talk about the darkest moments of that day. >> and what i did, i would grab the sailor's hair and pull it just as hard as i could. if i got a moan or groan or sign of life, i would take him out to the other group of sailors to get him medical help because i didn't have time to take out dead bodies, and there were a lot of them. >> more than 100 people died on the uss west virginia, but not him. >> those bullets are terrible. they'll kill you. seen i had to dive off the bow of the ship to keep from being killed. >> for months his family thought he was dead. his mother died not knowing he had survived. i asked him what he wants history to take away from pearl harbor. first, heed vised everyone to pay -- first he advised everyone to pay attention to disaster drills. second. >> what you have to do is find another way than war to solve the problem of the world because there is no winning in wars. there are victors, but everybody loses. >> on coast guard island, ann makovec, cbs 5. let's go live to mount where we light up the beacon. this is the only night of the year the beacon shines. pretty incredible. survivors, friends, family gathered to commemorate the anniversary. survivors shared their first- person accounts of the attack before the beacon was lit. >> you were saying in the camera you can see that from far away the weather shot. >> from dublin. we can see it right now. pearl harbor yesterday shine the beacon one day a year. chances are you may see if you are out. let's wait for it. look at the top of the mt.diablo. you can see it from many miles away. right there we have mainly clear skies above it. another beautiful view here from our roof top at cbs 5 looking toward the bay bridge. it was a gorgeous day with many of you in the low 60s. as soon as we lose that sunshine in december you will drop to the 50s. police officer more, 57. concord 55. that is not rainfall offshore. just ground clutter there. cbs 5 is completely dry and will stay that way for awhile. look how much better we are doing this year for the snow pack. last year we were 36% of normal. we're now up to 87% of normal. far, far better than we were last year. if you're a skier you know the conditions are much better than last year. fairfield tonight 38. concord 39. livermore, 30. oakland dropping down to the upper 40s. it is going to be a chilly night but a gorgeous weekend. it is all about a big area of high pressure which has sent the storm track north into western washington where mount baker and snoqualmie pass. >> things need to dry out. >> reporter: exactly. going to take a lot more days than this weekend. gone for 50 years, but now back. the rare siting in berkeley that's drawing a lot of attention. ,,,, berkeley. biologists say there has been a rare salmon well, there is something fishy, you might say, going on at berkeley. biologists say there has been a rare salmon siting. cbs 5 reporter don ford has why the fish have biologists excited. >> reporter: for years they have worked to restore the border. once a smelly urban drainage, now a recovering urban stream. even so, what landscape architect saw swimming in the creek surprised him. >> about two feet. >> reporter: a california chinook salmon. environmentalist say it is the first time in 50 years that a salmon has been seen in this creek. swimming upstream in one of the most densely populated areas in the east bay. >> a lot of people work on this group, a lot of agencies and chinook salmon has never been in consideration of the habitat we are trying to make. >> this is a class of fifth graders that will get to see the salmon, but it was hiding. after half an hour it was still hiding. susan says the creek work, however, is paying off. >> if you give nature half the chance it's going to come badge these fish now have a chance here. extremely exciting. >> she's not the only one excited. susan came down for a look, too. >> what did you find? >> found nothing. hopefully that's a good thing. hopefully it means he went back into the bay where he belongs. >> while everyone agrees that the sighting of one salmon does not mean there is a new salmon run in town, it is a big step in the right direction. in albany, don ford, cbs 5. ,, ♪if you ever change your mind about leaving, leaving me behind, baby bring it to me. bring your lovin, bring on home to me. yeah. bring your sweet lovin. ♪ ,,,,,,,,,,,,,, an unusual insert in san joe utitlity bills is giving new fodder to police union complaints. what the city i'm dana king. hear is what we're working on for the 6:00 news. san jose utility bills is giving new father to complaints. what the city is asking of all its residents and why officers are questioning the timing of this. >> i was here last december. i got shot in the left side of my head. >> they sacrifice a lot defending our freedom, and now they are getting a little of their own. the program putting veterans behind the wheel of their own cars. those stories and more at 6:00. >> that's very cool. all right. we'll see you in 30. >> thank you. quick look at what we have coming. that to-do list can get really long this time of year, so here is some good weather to do whatever you have to do outside. maybe just going skiing. good for you. low 60s tomorrow. mid-60s on sunday. all about that sunshine. >> it's nice. cbs evening news, scott pelly is coming. we will leave you that picture of the beacon commemorating pearl harbor. r thefi first time the supreme court jumps into the debate over same- se sex marriage. john blackstone on the case that could decide whether gays and lesbians have a constitutional right to marry. a surprising report on the economy. anthony mason looks at the new unemployment numbers and what they mean to the recovery. o started out as a prank involving the british royal nomily. .ow someone caught up in it is dead. mark phillips reports from sndon. and secret santa savesch

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