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tv   NBC Bay Area News at 11AM  NBC  October 25, 2016 11:00am-12:01pm PDT

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right now at 11:00, police officers targeted in san jose this morning seemingly out of the blue. while on on early-morning patrol. officers fearing for their lives opened fire on a driver who rammed their patrol car twice. thank you for joining us on this tuesday midday nus news cast. i'm sam brock. >> i am laura garcia-cannon in for kris sanchez. this morning, a busy investigation. bob redell joins us live. this attack appears to have been unprovoked? >> reporter: good morning. three san jose police officers were wrapping up a routine foot patrol in the apartment complex at the end of wusser avenue by
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the kellogg's plant. one of the officers was getting back into his squad car which was parked right here when a man in an suv started to ram his vehicle. >> you started hearing yelling. i knew something was going on. i went to my window. you could hear a streaking, the car streaking in the street. you heard one shot. and then five more shots. pop, pop, pop. >> reporter: that's what the man who lives nearby heard as officers opened fire to protect their colleague. police tell us this happened around midnight last night. one officer was entering his car when the suspect in a silver isuzue suv came around the corner and collided with the officer's vehicle, backed up and rammed the car again. the two other officers opened fire. you may be able to see where one of the shots pierced the windshield. the officer, remarkably, was not
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hurt seriouslseriously. the driver of the suv fled and abandoned the vehicle about a mile away. it turns out the suv was stolen. police found the suspect nearby, took him into custody. police tell us there was no contact or confrontation with the suspect before the ramming attack. >> we don't know what the suspect's motivation was. hopefully we'll have more information later. >> reporter: the crime scene early this morning here on worcester avenue created a headache for workers trying to get to the kellogg's plant and trying to get to the charter school that's right here as well. even though the shooting took place overnight, it was unnerving to know it happened so close to school. >> it's scary that the school is in this area. they're such a good school. they're amazing. it's just the area is a little concerning. >> reporter: police have yet to
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identify the possible suspect in last night's ramming attack. officers did tell us that he was not hurt and that he was already wanted on a previous charge of resisting arrest. reporting live in san jose, bob redell, nbc bay area news. >> thanks for the latest there, bob. new details this morning about an overnight crash involving oakland police suvs. investigators say a driver that slammed into the officers' vehicles was intoxicated and speeding. this was breaking news we brought you at 4:30 this morning on "today in the bay." a driver smashed into two police officers while the officers were responding to an unrelated shooting. a person in the car struck police vehicles and was actually killed. they've not been identified. the driver suffered serious injuries. no officers were hurt. we're waiting to hear what charges the drivers will face. you may have felt a few drops of rain in the last day or two. the storm is not over yet. we're talking about our first round of storm activity. rain is still hanging around the
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bay area, leaving behind some pretty high rain totals. pete suratos is live in berkeley where it's been raining all morning and the wind has wreaked havoc. first to our meteorologist rob mayeda. >> roin totals,er more than 3 inches. sonoma county almost 5 inches. san rafael, almost 2 inches. rain along 101 in the north bay. you've got sunshine in san jose and almost 70 degrees right now. this trend will continue through the afternoon. periods of rain from the central bay northward. not so much around san jose, as we see clearing skies in the south bay, still maybe another .25 inches to .5 inches possible in the north bay then the storm moves on. here is why storm two has a subtropical boost that could increase rain rates in the mountains thursday and friday. here is the projection in terms
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of estimated rainfall. you'll see a huge change with storm two, especially if you're in the south bay. you notice here, no rain shadow this time. you can see san jose and the santa cruz mountains should see 1 to 2 inches of rain, locally higher around the loma fire burn scar and the so beranes fire. we'll show you that in a few minutes. a 50-foot tree came down in just moments. you see it resting there pretty much on nearby homes. it was brought down by yesterday's rains and wind in berkeley. that is just one place where crews are busy cleaning up before the next storm rolls in. pete suratos is joining us live from berkeley near where the large tree was uprooted and toppled, pete. some concerns that the damage is not done yet. >> reporter: good morning, sam. the tree was uprooted yesterday afternoon. the cleanup crews are just getting to it in the past hour.
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a big chunk of the trunk was dropped into this bin by the cleanup crews. i spoke to a city official who is saying the wind caused it which is concerning to folks in this area. >> i was just sitting upstairs, and i heard what sounded like a truck of logs just tip over. it was really, really loud. >> reporter: the loud noise that berkeley resident is referring to is the 50-foot american elm tree that crashed down into an apartment complex yesterday around 3:30 p.m. near college and alcatraz. the city official said he believes the wind caused it. here is a closer look at the tree. it's fairly hallow inside. we don't know if this is a drought-stricken tree in this situation. >> when i see things like this, it makes me wonder what the resiliency of our infrastructure is. if wind can blow over tree like
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this and cause damage to a house, imagine if there was an earthquake or a fire. >> it's not hugely concerning for my personally. i think in terms of, you know, civic responsibility, we can't have trees falling down in berkeley. >> if i lived in the hills i would be worried about it. it's so dry, and the trees are dried out from the drought. it rains, the soil gets loose and they fall down. >> reporter: we saw the strong winds yesterday knocking down trees in the santa cruz mountains. including a 90-foot oak tree that crashed down on a home in boulder creek. we're coming back and they're cleaning up this tree. according to the city of berkeley. they say that they continue to maintain the trees on a year-round basis and will continue to do so but they're not going to do anything differently in response to this incident. live in berkeley. pa pete suratos, nbc bay area news. south bay business is cleaning up this morning after an early-morning fire that caused heavy damage. firefighters say it started about 2:30 this morning on a
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building on monterey road in gilroy. residents were evacuated from a neighboring building and ultimately let back in. the cause is still under investigation. the search continues for a north bay mother who disappeared with her 7-month-old baby. authorities in sonoma county say hannah ruth ashley kidnapped her son on sunday morning. they say she does not have custody and took him from his grandmother's home. ashley is believed to be driving a silver subaru forester with the license plate '5 jkz 255. in redwood city a civil rights attorney is announcing a lawsuit against a hotel that alleges 127 people got sick after eating salmon at the hotel in 2014. it happened during a gala. this is video of the exterior of the hotel. the people who were affected allegedly contracted norovirus, where members of the national
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association for the advancement of colored people. the suit says the staff did nothing to help. well, it is a done deal. just a few hours ago a san francisco judge approved a $15 billion settlement against volkswagen for its emission cheating scandal. starting next tuesday 475,000 owners of vws and audis can sell their cars back to the carmaker. it applies to diesel cars. in addition to having their cars bought back, owners can each get payments of up to $5,000 to $10,000. while we're talking about car matters, if you're headed to the dmv today, you may want to put the brakes on the plans. dmv offices throughout the state right now are experiencing major technical difficulties. their computer systems have crashed. it's an internal computer problem and it's only affecting people who are physically at a tranc branch. you can still do things online. no word on when things will be back up and running.
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online services should be fine. rosier news. in less than nine hours the warriors hit the hardwood for their first game of the season. >> at oracle arena. a live look at the arena where it will be rocking tonight. the warriors taking on the spurs at 7:30 to kick off their season. last season ended in misery for the team. a lot of their fans. they got all the way to the nba finals but lost in game 7 to lebron james and that team called the cleveland cavaliers. >> suddenly the cleveland teams are unstoppable. tonight's game will nebdebut ke durant. durant took to reddit to ask what hot spots to check out. when kd asks, thousands of people respond. he went to amoeba music and hanging out riding b.a.r.t. just like anybody else. he posted his sight-seeing tour
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on twitter and instagram. >> getting to know the bay. >> just like all of us. up next, a day at a theme park turns tragic. four people day on a popular ride meant for kids. the latest we are learning about the tragedy. plus -- >> your next baggage handler may not need a lunch break. the new employees who are not very high maintenance. plus, a basket of unreliables. ahead in business and tech, the latest from consumer reports and the cars maybe you don't want.
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a lot going on in corporate america today as plenty of major blue-chip companies are releasing earnings. that includes apple after the bell. so far the markets are not doing too well. they've all dipped a little bit. the dow jones is down 38.5.
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s&p down 5.5. the nasdaq, 20. >> this is interesting. consumer reports once said tesla's model s, the sedan, was one of the best cars in the history of cars. >> now, scott mcgrew, the honeymoon with tesla is apparently over. >> good morning. consumer reports guys now saying tesla's latest car, the model x, is one of the least reliable cars on the market. the model x is a taller, wider model s. it's the suv. it's the one with the gull-wing doors. unfortunately those cool doors don't always work properly, leaving consumer reports to give the model x a tough review. take a look at the list. these are consumer reports' basket of unreliables. the five least reliable in 2016 according to the magazine. tesla just above dodge. then chrysler. fiat and ram. ram used to be dodge ram but now has its own brand. speaking of cars, this is an artist's rendition of a factory
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thatfaireday future will build to make its new electric cars. the san francisco business times reports its behind on paying a multimillion-dollar deposit to the construction company. it has a relationship with the mysterious chinese start uple eco that wants to build its own car. this is an artist's rendition of the car. tesla may be getting bad press this morning, but at least they actually have cars on the road and not just pretty pictures. back to you. >> thanks so much. scott, check this out. a milestone for uber and beer. self-driving truck built by uber's unit otto made a pioneering delivery of beer last week. it made the 120-mile trip from ft. collins through the center of crowded denver to colorado springs using only cameras, radar and sensors to read the road.
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the truck carried a professional driver, but he simply monitored the progress from the truck's sleeper berth behind the driver's seat. the test came six weeks after uber launched its demonstration self-driving car service in pittsburgh, pennsylvania. >> now, that is very cool. i hope that a lot of people are thinking maybe keep the budweiser's clydesdales around. their hooves, definitely made for it. new signs that bay area rents have hit what is at least temporarily a bit of a ceiling. data shows that rents last month in san francisco, san jose and oakland all fell over the course of the last year. for san francisco and san jose, that drop exceeded 3%. oakland's was a bit smaller, less than 1% but still down. this is other surveys, found that oakland's rents are rising. national rents up year over year more than 2%. horrifying moments at a popular theme park in australia. four people were killed when a
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river rapids ride malfunctioned. crews say it was a terrifying scene with children screaming as officials rushed in to try to save the victims. nbc's bill neely reports. >> reporter: the thunder river rapids ride had been thrilling visitors at the park for 30 years. today, tragedy as one of the rafts overturned throwing two passengers off, trapping two others on a conveyor belt underneath. >> the thing flipped. obviously there were kids on board screaming while their mum was like trapped under. and, yeah. i would rather not talk about what i saw. >> she came out hysterically crying and two people who worked here took her away and the little baby. >> reporter: two men and two women died at the scene. >> one of the rides had sustained some sort of malfunction, causing two people to be ejected from a ride.
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another two people were caught inside the ride. >> reporter: but this ride had problems earlier. people were stuck as the artificial river was drained. >> we were told that we had to wait a minute because there was a bit of a maintenance problem. we were stuck for 30, 40 minutes. i think there were people in the middle of the ride as well, probably in the water floating around. they completely drained it you will and then filled it back up. >> reporter: it was later declared safe, a decision that proved fatal. >> this ride was known as one of the tamest family-friendly. it even took children as young as 3 years old. now it's one of the deadliest. dream world say they're deeply shocked. their park is now closed. clearly, they face some very serious questions. back to you. >> no doubt. lawsuits too. california election officials will be strengthening poll monitoring systems on election day. of course, that's november 8th. in response to allegations made by donald trump, the republican nominee, that the election is
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rigged against him. but there is no proof of that. state election officials are reassuring voters that there will be no voter fraud or voter intimidation under their watch. in the meantime, mail-in ballots are rolling into santa clara county's elections office. more than 64,000 ballots have been returned. 33,000 from democratic voters and 13,000 from republicans and 15,000 from voters with no party preference. a total of morin 660,000 vote by mail ballots were mailed out. the future at this airport comes in the form of customer service agents who have no problems with long hours and no lunch breaks. >> a new fleet of customer service robots. this sounds right up silicon valley's alley. this is a first for any airport in the united states. the robots are programmed to assist travelers are locating dining, shopping and other airport services. >> very handy.
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going anywhere? staying in town? well, we've got some storms coming our way. >> in the case of areas north of the golden gate. it's never left. san rafael. here is the 101 commute. mike is not here, but i can chime in on traffic. it's a mess! people slowing down. road spray from about an inch and a half of rain that's smallen from san rafael. wind out of the southeast at 12 miles per hour. the rain gauges on four wields. have those windshield wipers moving. 65 degrees. southeast wind at 17. emeryville, cloudy skies, not as much rain, 67. notice the temperature as we get to san jose. if you're in the south bay, the santa clara valley, you're wondering what all this talk about the rain is when you have almost 70-degree temperatures and no measurable rain so far, though it is windy. southwest at 20 miles per hour. wind gusts up to 30. hilltops may see issues with trees as the winds stay gusty
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into the evening. most of the rain right now around caster valley. moraga and the tri-valley. some rain in the eastern foothills but nothing showing around downtown. the trend for the rest of the day will move the rain out of the north bay probably out of sundown tonight. finally sonoma county seeing decreasing showers by 11:00 tonight. temperatures in the 70s. south of san jose. mid 60s. low to mid 60s and close to 70 in walnut creek. the time line for storm number two, heading into thursday morning's commute the rain becomes more widespread again. the heaviest rains of the second storm coming in for thursday night. overnight friday. check that out. heavy rain rates moving through the bay area. by friday morning's commute, things beginning to taper off. as that storm exits you'll see a break friday afternoon into saturday morning. then sunday now. here is the third system.
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we think that could bring the most wind of the three. more rain at times as we wrap up the weekend. seven-day forecast stays busy. today, rain moving out of the north bay. dry break tomorrow. more rain thursday, into the first half of friday. then the rain comes back saturday into sunday. you see the storms lining up across the 7-day forecast. monday is halloween. so we have a fourth system, believe it or not, showing up early next week. we'll let you know if that is going to arrive towards the end of trick-or-treat time. we'll watch it closely. that in our extended forecast in a few minutes. back to you. >> rob, thank you very much. this was not a trick that they were expecting, some peninsula tenants say they were intimidated and even had their cars broken into. now their landlords are facing serious charges. first, happening now, parents and doctors question the safety of putting kids to sleep during dental operations because of side effects. the dental board of california
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accepting public input on the issue. you can read more on our website. talk about a cross-country journey. a man runs from san francisco to new york city in less than 43 days. he is waiting on the guinness book of world records to see if he earned the record of fastest crossing of america on foot. see that story on our twitter page. back in a few.
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my mom marnie and then she died life. of lung cancer. so i have a personal interest in helping prevent smoking. i'm tom steyer, the co-chair of the yes on 56 campaign. every year, nearly 17,000 california kids start smoking. a third of them will die from their addiction. tobacco taxes reduce youth smoking. please. vote yes on prop 56. if we can save even a few lives, it's worth it.
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a father and son landlord team on the peninsula have been arrested, accused of intimidating tenants to move out. >> investigators say they have a pretty clear end game to move in new residents who will pay a higher rent. rook boone has more from east
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palo alto. >> i've always felt not welcome. >> reporter: living in stanford homes in east palo alto for justin and his family has been anything but a joy. he says the landlords want him out of this one-bedroom apartment to bring in a higher-rent tenant. >> they're trying to get people who pay less rent out. to the point where the owner of the building is actually being pursued by police. >> reporter: investigators recently arrested the landlords of the context. the two now facing criminal charges on their own tenants, the father accused of breaking car windows and destroying personal property. >> these were bullies attempting to gain a benefit financially for themselves at the expense of people who no question, from what i have been told, would not have been able to afford to live elsewhere. >> reporter: some say the owners delivered even more strong-armed
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tactics way beyond property damage like a crying child. >> they said, somebody crying here. i said my son cry. he said, he can't live here. i'm going to give you an eviction notice. >> rick boone reporting. the landlords did not answer our calls. they are pleading not guilty. someone spray painted graffiti at an elementary school over the weekend in windsor. vanedals painted the word "trump" and the phrase "build the wall higher." officials got the walls painted over before students returned to class. many parents and kids had already spotted the words. >> it's a big shame. i don't understand. it's not okay. >> no suspects are in custody. warning to commuters in san francisco. the long-awaited plan to revamp busy van ness avenue is now
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beginning. so you can expect more delays. the makeover will include construction all the way from aquatic park to mission street and redesigned bus stops for the planned rapid bus line down the middle of van ness. most of the work will happen on weekdays from 8:00 to 4:00 p.m. the project is expected to take three years to finish. coming up, a bay area director that documented violence in san francisco now has a spotlight trained on him. the reason family members say kevin epps may have killed.
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a well-known san francisco filmmaker is in jail this morning, accused of killing a man. this is video of the medical examiner actually leaving the crime scene. the deadly shooting happened in san francisco's glen park neighborhood. >> the family tells us that's the home of filmmaker and activist kevin epps.
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chuck coppola is at police headquarters with more. >> reporter: the victim is identified as marcus polk sr. by his son who stood outside the home with other relatives where the shooting happened. his son said his father would stay periodically at kevin epps' home. shortly before 1:30 p.m. monday, polk's son says the two men got into an argument. >> my dad made a lot of jokes at other people's expense. there was never any, like, hostility. it was more like he was going to point out the uncomfortable truths. >> reporter: epps, who is 48 and has made two critically acclaimed films was arrested. >> i was really surprised. i was hurt. and just stunned that i heard what i heard. >> reporter: epps is also a board member of the bay area black journalists association.
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>> he is a revolutionary community activist. all over the city. he helps out many, many, many people. >> reporter: chuck coppola, nbc bay area news. authorities have identified a south bay teenager shot and killed during a robbery. investigators say the victim was 17-year-old humberto salas of san jose who was driven to regional medical center where he ultimately died. investigators say he and another victim were robbed and that the other victim was assaulted. police so far have made no arrests. new details about a shooting over the weekend. we also know that oakland police officers were in the line of fire during this violence. six officers were shot at while respond to go a shooting in west oakland. no officers were injured, but seven other people were. this happened on saturday, just before midnight on ban croft
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avenue near 73rd avenue. one of the victims remains in critical condition. the search continues for people who dragged a man behind a getaway car in san francisco. the man was trying to get back his camera he says the suspect stole from him. police released this video of the robbery. look at the spot. did you see the spot shadow. the suspect jumped into a silver honda civic after grabbing it from the man. the man was dragged by the car for ten feet and then he finally let go. the video helped police locate the getaway car. they're still looking for several other people involved. the man accused of setting the devastating clayton fire in lake county is expected to be in court today. he pled guilty to setting that fire and close to a dozen others. close to 200 homes were destroyed in the fire in august. today a judge will set a pretrial hearing date. a war of words is brewing
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along with allegations of abuse in a conflict between workers and management at the peninsula humane society. animal control officers yesterday showed us video they say was shot two weeks ago showing a bloodied pit bull trying to escape from its cage at the shelter in san mateo. reportedly the dog is doing fine but they accuse management of not adequately inspecting the kennels. the peninsula humane society calls the claims a product of union tactics in the midst of contract negotiations. it also includes anger over the firing of workers last year after a dog was mistakenly euthanized. >> we are not happy about any of them, but we feel like there are reasons why they occurred. >> another dispute involves the death of a dog who overheated in a kennel truck. the worker responsible for that was also fired. union workers say there are simply not enough people on staff to do the jobs necessary. continuing coverage right now. the driver of the bus that crashed into a truck near palm
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springs on sunday had been sued before. the driver was killed in the crash along with 12 passengers. vides has been sued in the past for other crashes, but he was not behind the wheel during those wrecks. he was the owner of the bus company. in the meantime ntsb investigators say it would be months before they determine the cause of sunday's crash. we're following a developing story. at least 59 people are dead and more than 100 others hurt when gunmen stormed a pakistani police training academy. the attack happened last night. some were taken hostage for up to five hours. most of the dead are police cadets. no one so far claiming responsibility, but authorities are blaming the taliban, an al qaeda-linked group. oh, yes. the sounds of politics! >> two weeks to go! >> 14 days until the election. both candidates are heading to battleground florida right now in an attempt to woo some of the
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early voters. donald trump making two stops up and down the sunshine state. hillary clinton making her case to millennials at broward college. >> sam, polling numbers showing hillary clinton with a solid lead but donald trump is not buying it. here is nbc's hallie jackson. >> reporter: with just two tuesdays to go donald trump's outwardly optimistic but maybe not totally realistic. >> we're leading, number one. >> folks. we're winning. we're winning. we're winning. >> virtually every major poll shows otherwise, something trump himself acknowledged just hours earlier. >> i guess i am somewhat behind in the polls but not by much. >> trump is trailing hillary clinton nationally. and by a slim margin in must-win battlegrounds north carolina and florida. now, stoking speculation he is laying the groundwork, if he loses, for an all-trump network. >> i welcome in to trump tower live. >> his team debuting its own nightly broadcast on facebook.
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>> excited to be bypassing the left-wing media. >> reporter: they're not calling it trump tv, but it sure looks like it. >> this idea of a trump media empire. are you allowing yourself to imagine that scenario too during this? >> no. everybody is talking about it because i have so many committed voters. >> reporter: still caught in controversy, the gop nominee denying a new allegation of sexual misconduct. trump raising eyebrows with this defense. >> he grabbed me and he grabbed me on the arm. i am sure she has never been grabbed before. >> reporter: increasingly defiant, trump sticking to his strategy blaming what he calls a rigged system. even as he debuts a new line of attack on the affordable care act after a report from the federal health agency shows insurance premiums for some will rise an average of 25% next year. >> yet another double-digit spike in your premium for
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obamacare. and it doesn't work. >> reporter: the administration argues things are better now than before the law was passed. health care, a key issue for most voters in places like florida, the site of duelling rallies today. in new hampshire, where a feisty elizabeth warren, on the trail with clinton, resurrected trump's debate-night dig. >> what we want to do is to replenish the social security trust fund. >> such a nasty woman. >> on november 8th we nasty women are going to march our nasty feet to pass our nasty votes to get you out of our lives forever! [ cheers and applause ] >> the more confident clinton campaign, spreading surrogates across the country today. including president obama on late-night tv. >> when you watched the debate and you watch donald trump, do you ever laugh? do you ever actually laugh? >> most of the time. >> okay. that was hallie jackson reporting there.
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according to a new survey monkey poll, a majority of republicans and republican-leaning voters, 57% of them to be exact, see a lasting fracture in the gop that could threaten trump's ability to win the presidency. election ballots are already being cast. in some cases about ready to be counted. state law allows county election offices to accept and process vote by mail ballots starting ten business days before an election. san francisco's department of elections will begin opening and sorting ballots today. voter privacy is preserved through the process but ballot counting starts on thursday. results will not be tabulated until polls close election night. if you're not registered to vote, sorry. you are officially out of luck. midnight was the deadline to register ahead of the november 8th election. election officials tell us this race fueled a surge in last minute registrations. officials in contra costa county say they processed close to
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10,000 new registration yesterday alone. >> it has been a record-long time for cubs fans. they have waited what probably feels like a lifetime, maybe it is for many people -- 71 years since they were last in the world series. it's time to play ball for title of world series champ. >> a live look at progressive field in cleveland where tonight the indians and cubs square off in game one. >> laura, the cubs have not won a world series. >> long time. >> since 1908. what was that? teddy roosevelt era? they last played in the world series in 1945. the ippndians last won in 1948. on stub hub tickets start at $700 for tonight's game in cleveland. that's, of course, just to get into the stadium. as for tickets at wrigley. seats in chicago start at just under $2,000. >> either way, fans will see some history.
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>> your kids, grandkids and all of that. it's time to move on. coming up, elon musk lays out his plans for mars, the way he hopes to sustain life on the red planet. the race for a hotel stay drops. a traveller is due a refund. it's not that easy. i am consumer investigator chris chmura. nbc bay area responds, next. interesting, a study in contrasts around the bay right now. rainy conditions in san rafael. sunny breaks closer to san jose. breezy, southeast winds at 20. a powerful storm on the way for thursday. what you can expect coming up.
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woman: how do we protect them from $4 billion in new cuts to california schools? man: vote yes on proposition 55. woman: prop 55 doesn't raise taxes on anyone. man: not on working californians, not small businesses. no one. woman: instead, prop 55 simply maintains the current tax rate on the wealthiest californians. man: so those who can most afford it continue paying their fair share... woman: ...to prevent new education cuts... man: ...and keep improving california's schools. woman: vote yes on prop 55 to help our children thrive.
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nbc bay area responds to a san francisco man who had trouble getting a company to make good on its low-price guarantee. >> you're trying to save money, doing whatever you can. he has got a guarantee and these are very common in consumer travel. chris chmura shows us how he helped and what to look out for. >> the dispute centers around a hotel room booked on travelocity.com. that's where jesse tannin baum made the reservation. and noticed the guarantee. the terms say we'll credit or refund to you the different in price if you find a lower rate anytime up to two days before check-in. jesse filed the claim when his rate dropped by o $10 a night but he was denied.
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we contacted travelocity. a spokesman did research and said jesse also asked to change the reservation at the same time he filed for the refund based on the low-price guarantee. changes are not allowed. together we worked it out and based on his stay jesse got a $40 refund. the spokesman at travelocity said, we were happy to get the situation figured out and get the refund that mr. tannin baum was due under our price guarantee. jesse wrote us and said i got such a run-around. i am very glad you fixed it in such a quick time. thank you for your help. the rate guarantees are common these days. the refunds can be substantial, especially for long stays. we recommend, after booking, double-checking your rate say weekly to see if you are due any money. if you have a consumer complaint call us at 1-888-996-tips or visit nbcbayarea.com/responds. tomorrow, a $650 fight after
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switching cellular carriers. have a great day. thank you, chris. are you looking to help colonize mars in the future? if so, elon musk is providing answers on how he plans to do it. spacex and tesla ceo answered questions on reddit about how he plans to sustain life on mars. he says there will be glass and carbon fiber domes on the surface of the planet for people to live in and droids to build underground passageways. musk believes a fully sustainable civilization can be on mars in 40 to 100 years. >> rough time line. >> it's a good read. >> yeah. a lifetime of reading. california, last time i checked is colonized. one of the reasons it's habitable right now is that we're getting some rain and plenty of it. >> early start to the rainfall season. the wettest october since the year 2011. if you look at the last three of the wettest octobers around the
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bay area. 2007, 2009, 2011. in those years we had the early start to the rainfall season, but by the time the rainfall season wrapped up, two of the three years were still below average for rainfall. so this is the fine print. we are off to a nice start, the preseason for the rainy season. we have been getting a lot of rain, but it's no means a guarantee that by the end of the year we'll see above average rainfall totals. the weak la nina in 2011. similar to the pattern we're expecting for our winter now which had 60% to 70% of average rainfall. tough sell right now in san rafael where the rain is still coming down. 1.5 inches of rain. 61 degrees. the rain will be staying through mid-afternoon. san francisco a few showers at times. 65 in san jose. you'll probably miss out on the first round. wind southeast at 20 and close to 70 degrees outside. look at the wind speeds. gusts at 25 miles per hour around hayward and san jose. we'll see the pockets of
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downpours here across the north bay and around the east bay we think through about mid-afternoon. the transition comes this evening as the rain line lifts to the north. still in sonoma county but eventually moving to the north by 11:00. areas stuck with the rain will see highs in the mid 60s. closer to 70 in san jose and low 70s possible around livermore. round two. thursday into friday. looks to be a pretty good rain producer. storm number two. friday things calm down. saturday night into sunday, storm number three. this could pack strong winds. here is the pause button. getting towards halloween on monday. here is fourth system lining up. the timing looks that it should hold off until after halloween. by tuesday morning next week. more rain in the forecast. here are the totals between now and noecvember 1st.
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we're in this pattern now. every 36 hours or so we'll see a weather system come in. the next one for thursday looks very wet for the bay area. the sunday system, stay tuned. it will have cooler air. good news for snow levels in the sierra but could be gusty to wrap up the weekend. storm one slow to clear the north bay today. back to you. >> good to know. thank you, rob. fast food chain subway facing a new lawsuit, this time from the wife of disgraced and imprisoned former spokesperson jared fogle. the reason she says subway hurt her family.
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it is a stunning lawsuit against one of the world's largest fast-food chains. >> jared fogle's ex-wife is suing subway complaining the company knew about the allegations about the pitchman for more than a decade and kept them secret. >> reporter: subway is facing a lawsuit from katie mclaughlin, the ex-wife of its former star pitchman jared fogle. >> when the fbi banged on my door, i thought it was the worst day of my life. >> reporter: last year fogle needed guilty to federal charges of child pornography and having sex with minors. >> i have a 3-year-old and a 5-year-old who ask me every day about jail and where their father is. >> reporter: the lawsuit filed in indiana claims subway exploited fogle's family despite knowing of allegations that jared was a pedophile. >> the defendants even marketed him as a family man and used katie's likeness and her children's likenesses without
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consent. >> lost 245 pounds. >> reporter: fogle sky-rocketed to fame as the face of subway's healthy eating campaign which included visits to schools. but a former journalist who knew fogle and is mentioned in the lawsuit says he told her about his sexual encounters with minors. >> gender did not make a difference to him. the younger, the better. >> reporter: according to the lawsuit fogle's ex-wife contends subway knew about at least three allegations of misconduct, one as early as 2004, but turned a blind eye because he was the company's cash cow. subway severed ties with fogle last year shortly after the fbi raided his home, saying fogle's actions were inexcusable and did not represent its brand. a spokesman now tells nbc news as this is pending legal action, we cannot provide comment. >> it's unlikely that a court will give the ex-wife money simply because subway didn't contact her earlier. >> reporter: the suit is asking
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for unspecified damages. >> finding out that your husband and the father of your children is a child predator and knowing that his job involved him visiting schools on a regular basis is devastating. >> reporter: mclaughlin also says she never would have  married fogle if subway would have reported him. for today, gabe gutierrez, nbc news. >> we'll be right back.
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if you love jazz and you love the blues.
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there sa nis a new spot for you wine country that opens tonight. ♪ ♪ >> blue note napa has its grand opening tonight at the napa valley opera house. jazz trumpeteer chris bodie. he is a grammy winner. he used to date katie couric. he is the headline tonight. it features california cuisine. the home base is in greenwich village. >> very nice. we can raise our voices now. what is it about the musicians. there is such mystique to being a musician. >> they always get the girls. >> that's true. this is round one starting to move into the north bay later today. round two coming up on thursday. >> thank you.
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stand by, everyone. we're live in five, four, three, two, one. ♪ ♪ good golly miss molly ♪ ♪ rocking and rolling >> oh, how cute is that. >> yes. >> nailing their '50s's style jive last night in the ballroom. i love when he pulled her leg. >> he's so much taller. >> they tied for first place. guess who's with us today. partner lindsey. we said they tied with james and sharma, both g

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