just a dishonest politician, trying to hide his record of failure. the real brown plan? more spending on out-of-control state pensions. more favors for the big teachers union, blocking education reform. more job-killing taxes and regulations. more of the same old failure from sacramento. job killer jerry brown. always more taxes, more spending, and more lost jobs. hello, i'm juliette goodrich. it has been the most expensive campaign for governor in state history. and now, it is down to the final 24 hours for meg whitman

and jerry brown to make their case. mark sayer is in menlo park where the whitman campaign says the results will hinge on one thing. mark? >> reporter: it was a very brief final campaign appearance for meg whitman here in menlo park this morning. this, just one day before the polls open. >> how are you? >> go, meg, go! >> reporter: greeted by cheering supporters, meg whitman made a brief stop at a coffee shop on el camino real in menlo park. while the latest poll shows whitman behind jerry brown by 10 points, whitman says voters should not believe the polls. >> our internal poll shows this to be a dead heat. you can see the public polls were narrowing the last few days. this will depend on voter turnout. who comes out to vote. >> reporter: whitman used the final bay area campaign appearance to try again to emphasize what she sees as the biggest differences between her campaign and that of jerry

brown. >> do they choose the proven job praeter or the one with a war on jobs for many years in california and someone with a fresh and new perspective or do they want a career politician? >> meantime, the attorney general jerry brown is on an all-day final campaign push. he started in san diego. and will make stops in los angeles and salinas and finishing with a rally at jack london square in oakland. >> why here? >> and now to give you an idea how tightly packaged all of this is today, meg whitman left that coffee shop at menlo park just before 9:00 a.m. and scheduled in woodland hills in los angeles at 11:30 this morning. she has a couple of campaign stops in southern california. wrapping up today in the riverside community, the riverside county community of temecula. very busy on both sides. >> a tight schedule for all of them. thank you. the major candidates for u.s. senate are also barn

storming the state for votes. carly fiorina appeared at a rally in elk grove. the republican candidate met with dozens of supporters and volunteers. she told volunteers she believes that she will win tomorrow night. the latest polls give boxer a slim three-point lead over her. meantime, senator barbara boxer is scheduled to join jerry brown on several campaign stops today including one in the bay area and expected to appear with brown at the rally in the jack london square just after 5:00 tonight. boxer spent the day yesterday campaigning in southern california. be sure to tune in tomorrow for your full election coverage. we will be covering the critical races and results as they come in. from 9:00 until at least midnight. and you can get all of the results on cbs 5 .com. hundreds of protesters making their voices heard outside a hearing in san francisco over arizona's controversial immigration law.

demonstrators marched to the courthouse at 7th and mission streets this morning. that is where the state of arizona is fighting a ruling that blocks key parts of that law. those arguments wrapped up just a little while ago. before a three-judge panel of the ninth circuit. a phoenix judge blocked the requirement that arizona police must check the immigration status of people they arrest for other reasons. she also halted a provision that makes it a crime for a noncitizen to fail to carry immigration documents. a 3-year-old girl is in the hospital in san francisco with life-threatening wounds. she was one of three people shot in the potrero hill neighborhood last night. at about 10:00, several shots were fired near 25th and connecticut streets. police believe the shootings were gang-related. and that the girl and her grandfather were unintended victims. a third person, a 20-year-old man, also has life-threatening injuries. a $45,000 reward is being offered for any information leading to the gunman who

opened fire at a halloween party in oakland. nine people were shot early sunday morning. investigators believe the intended target was a man at the party. the victims range in age from 18 to 29. they are hospitalized in stable condition. fire investigators in san jose are trying to determine what caused a four alarm blaze early this morning that gutted two businesses. as matt big ler shows us, the properties are total losses. >> the fire started about 2:30 this morning, over here at the elsa voy club and san jose meadows, a cycling center here in an industrial part of downtown san jose. it spread from behind the building inside, and was actually shooting through the roofs of both buildings, either 20 to 40-foot flames. and now, we spoke with the fire spokeman, debbie ward and she said the fact that this was a metal recycling center was a major concern for them. >> it is a materials building. and usually you have a placard that tells us what is inside

the building and the dangers. and this one didn't. it doesn't have a placard. >> the fire is under investigation. about $2 million in damage. i spoke with the owners just a couple of minutes ago and they said they are devastated by this loss. but they are hoping to salvage something from the recycling. the club is a total loss. completely gutted. there are reports smaller fires in this area so it may appear there is some suspicious nature of this fire. that word is not yet used by fire officials but it is under investigation at this point. i'm matt bigler in san jose for cbs 5. checking headlines around the bay area, a truck driver is dead after a fiery accident this morning near vallejo. the tractor trailer burst no flames, on columbus parkway beneath the interstate 80 overpass. the chp says the driver drove through a stop sign and failed to negotiate a curve. the accident closed one lane of interstate 80 as well as a connector ramp. >> i will well and faithfully discharge the duties upon which

i am about to enter. >> congratulations. >> just a short time ago, the san mateo county sheriff swore in 43 new deputies. they are all former police officers from san carlos. that city is the first of several that are merging law enforcement operations with the county sheriff department. and almeda police on the hunt for this stolen dog. and a pair of dog nappers. and an 80-year-old woman says two men snatched the yorky and her purse, when she was out walking saturday afternoon. the dog does have a micro chip. police hope that will help them find it. coming up, the key witness testifying in the chandra levy murder trial. plus, new details about a terror plot targeting the u.s. the alleged bomb maker who may be behind it all. and a bay area company accused of scamming homeowners in need of help. what happened when we

confronted them. and the calendar says november. but it sure won't feel like it. 80-degree temperatures. just around the corner. i've got the fabulous forecast coming up. dentures are softer than teeth. and a lot of people, when they get a denture, they think the best way to clean it is by brushing it with toothpaste. toothpaste contains abrasives that scratch dentures, leaving microscopic crevices where bacteria can grow, and bacteria can cause bad breath. the best way to go is to soak them in polident. only polident is proven to clean without scratching and kills 99.9% of odor-causing bacteria. i recommend using polident and soak every day.

murder trial. former congressman gary condit took the stand today in the chandra levy murder trial. he said he never publicly acknowledged his affair with levy because he believes he was entitled to privacy. he said he first realized he was a suspect when a detective asked him about the relationship. a sal dor immigrant is on trial for the murder. at the time of her disappearance in 2001, she had just finished a washington internship. u.s. investigators are headed to yemen to hunt for

suspects in last week's mail bomb plot. authorities believe they have identified the bomb maker and as charlie d'agata reports, this is not his first failed attempt. >> reporter: u.s. intelligence officials say clues found in these cargo bombs point to this saudi bomb maker. ibrahim hassan al-asiri is the suspected al qaeda mastermind behind the failed underwear bomb on christmas day and he is also accused of planting a bomb inside his own brother, for the suicide attack against a saudi prince. he is thought to be hiding out am yemen and u.s. investigators are heading there to help hunt down al qaeda suspects from the bomb plot. al qaeda's affiliate in yemen is the most dangerous of al qaeda's branches or allies. >> reporter: the u.s. has now halted all shipments from yemen. germany and britain have suspended all direct passenger flights after investigators revealed one of the bombs flew aboard two passenger planes before it was discovered.

british officials are holding emergency planning meetings this week, and they're looking at ways to crack down on air transport in the future. >> a package that started in yemen, that landed in germany, that landed in britain en route to america, it just shows how united and determined we have to be to defeat terrorism. >> reporter: the only person arrested in the terror plot, the 22-year-old student, has been freed. investigators say someone used her name to ship the cargo bombs to chicago synagogues. u.s. intelligence officials say the failed bomb attack show weaknesses remain main in our security systems and america's enemies are determined to find them. charlie d'agata, cbs news, london. coming up, heroin, cocaine, we all know they're dangerous, but what is even more harmful in your own fridge? plus, the giants, just one win away from clinching the world series. the special viewing today, just for bay area fans.

and today, it is nice and mild and warm. coming up we will take a look at the seven-day forecast. and i will show you just how warm it is going to get. ,, appreciate the easy days, are what keep me coming back for more. [goat sounds] and the customer says, on the carpet." what? gonna be difficult. don't tell me about a dog. a day care full of kids, house chickens. call a day's work. call 1-800-steemer

here we go. the giants are nine innings away from a world series title. they have a chance to clinch it

tonight. strong pitching and hitting led to another win over texas. >> aubrey huff. he hits one a ton into right. down the line. this ball is gone. >> this ball is gone. that was aubrey huff's first homerun in the post season. madison balmgardner allowed three hits in eight innings. giants have a 3-1 series lead. [ cheering ] >> and back in san francisco, there was plenty of cheering. it was almost as if the giants had already won the series. tonight's game five will be shown on the big screen. crews are setting up a jumbotron at the san francisco civic center plaza and fox which owns the broadcast rights gave permission for a public viewing but only if the giants could clinch. tim lins klezmer music is expected to take the -- tim lincecum is expected to take the mound against cliff lee. did you mix in trick-or-

treating and the giants game last night? this huge cal dron of candy was filled when i got here at 4:00 this morning but it is almost god. >> i even threw in some easter candy? >> because people will eat it. >> easter? >> tonight's forecast, people will be watching the game outside, right? >> it is going to be beautiful. this is one of the best weeks we've had so far. that is saying a lot. take a look and see why. i'm so excited about this week's forecast. here we are. looking out toward ocean beach. a couple of dots. a couple of people out there. a dog running. running no the waves. the forecast for today, sunshine and mild temperatures. today's highs inland, up to the mid-70s. as well as around the bay. and the mid-60s along the coastline. and the sunshine, sunshine, and more sunshine expected. for tonight, valley fog expected, well inland and mostly clear conditions around the bay and also for the coast. overnight temperatures in the mid-40s to the mid-50s. so here is what is happening. big high pressure system building in. and that is going to give us a

nice warming trend. tomorrow we're expecting 80- degree temperatures well inland. that will be tuesday, wednesday and thursday. and the weather will be really hard to beat. but do note, the low pressure system is well off to the northwest here. that is going to come into play by the weekend. we will start the cooldown by saturday and sunday. and even a chance of showers moving into the forecast sunday. and the low pressure system is also going to give us pretty decent swells across the bay area with a high surf advisory as early as this afternoon and throughout much of the week and the low pressure system gets closer to the bay area. afternoon highs with 70s in santa clara and cupertino. lower 70s in palo alto and redwood city. and mid-60s in daily city and pacifica and the mid-70s in union city and fremont. just around the bay, 70 in berkeley. 74 in oakland. and 73 degrees in san leandro and more of the lower to mid- 70s from concord to antioch to danville to dublin to livermore. to pleasanton. nice temperatures. actually slightly above average. and lower 70s from sonoma to napa to petaluma.

and lower 70s in san rafael. and 69 in mill valley. and 67 in sausalito. 70 degrees in san francisco. it is november 1. i will take it. more sunshine tuesday wednesday and thursday. with 80-degree temperatures well inland. upper 70s around the bay. upper 60s along the coast. take a look at what happens as we get closer to the weekend. the low pressure system comes in. the clouds are expected. and the temperatures are cooling down. and a chance of showers for sunday. also, don't forget, you will be falling back one hour, with your clocks, on early sunday morning. and my pick photo, a beautiful sunset sent in by chris negren. and trees at fort bragg. what a great way to take the photo. that is john. and if you have a photo to show us, send it to us on the web site. >> and we gain an hour of sleep this sunday. so exciting. >> we do. did you tell everybody you were cher for halloween? >> i don't know what you're talking about. >> thanks so much.

a pleasanton company that promises to help struggling homeowners modify their loans is facing criminal charges. on the consumer watch, julie watts shows us how customers allegedly got scammed. >> joe and amber had high hopes when they showed up check in hand for their appointment. >> they said that they would lower the payment by $1,000 but they wanted $2900 to do that. >> what they didn't know is it is illegal in california to charge advanced fees for a loan modification. according to this criminal complaint, american financial funding charged an east palo alto couple $4,000 to help them get a loan mod. something almeda county assistant d.a. david lynn says is against the law. >> they actually did no work. so they paid good money, $4,000, and didn't get any benefit for having paid that money. >> we went to the president of american financial funding himself. to give him the opportunity to answer to the charges. >> there is definitely been some incredible misunderstanding. >> steven shalllot told us his

company helps people. >> they're paying us to prep their package and send it to the bank for them. that's all they're paying us for is document preparation. >> no one can charge the fees like that for loan modification. that's the end of the conversation. >> according to the d.a., that is not american financial funding's only legal problems. >> they were holding themselves out as a law firm when in fact they were not. >> corey hill, an employee of the company, seemed to confirm that. >> there is no lawyer here. >> there is no lawyer? >> this is not a law firm. >> look at the company's front door. it clearly says law office of margaret lowery. now, if corey hill looks familiar to you, it is because you saw him on cbs 5 just last week. that is when he apologized on camera for mistakenly sending out about 2,000 letters to homeowners informing them they were in foreclosure. it turned out, they weren't, and now, that matter is also under investigation. as for joe and amber, they're glad they ran into us, and they changed their mind about turning to american financial funding for help. >> we're going to walk out now.

>> we said it before and we will say it again, if you need a loan mod, start with a nonprofit hud approved housing counseling agency and never pay anything up front. the almeda county d.a. is now looking for others who have had dealings with these companies. on the consumer watch, julie watts, cbs 5. coming up, running late? why your iphone may be to blame. we'll be right back. day? the fees and taxes on the,,

insanity is doing the same thing over and over again and expecting different results. insanity is doing the same thing over and over again and hoping for different results. i've built businesses. i've built a business. met the payroll. met a payroll. i enter this office beholden to no one except you. i will owe my office to no one but you. i don't owe anyone anything. i don't owe anyone anything. what's the worst that can happen?

what's the worst thing that can happen? today's tip of the day is juice oranges coming from florida. the season started up. the quality is great. and the season is long. now, the first crop really doesn't look all that great. a little bit of discoloration but when you cut the oranges in half on the inside, i want to show you something. take a look at that. look at all of the juice. it is beautiful. they're a valencia variety. and they have seeds but for orange juice, you can't beat it. and the best way to select it, let me show you. let's take this one. perfect. the shiny skin. and the fresher it is, the shinier the skin. and a little discoloration is fine. make sure they're heavy for their side. they're loaded with juice if they're heavy for their size. and make sure you store them on the count and not the refrigerator. cold temperatures will deplete

the nutritional value. at room temperature is the best. and like i said, the flavor is incredible. and loaded with nutritional value. and fresh squeezed orange juice in the morning. what a way to start the day. and great prices, too. i'm tony tantillo, your fresh grocer. and always remember to eat fresh and stay healthy. >> hmm. that is so sweet. >> thanks, tony. coming up tonight at 5:00, nickel and dime on election day, the season taxes on the ballot you may not have noticed. that story and much more at 5:00. is going to happy hour worst than snorting cocaine? a new study suggests that crack cocaine and heroin are less destructive than alcohol. there is a rating of how destructive they are to society as a whole and alcohol was the worst in terms of addictiveness and how it harms the body over time. and running late? well, it may be your iphone is to blame. reports from europe suggest there is a glitch in the phone's alarm app and it didn't

go off on time today because of daylight savings. as a result, lots of people woke up an hour late. we would be fired then, on the morning shift, right if we were an hour late? if you have an iphone, watch out. and the daylight savings starts here next weekend. >> perhaps if you were an hour late on the show, the show would be half over. >> you want to see my halloween pictures? >> a little bit later. >> let's see them. cher. >> do you have an iphone? >> no, i don't. >> i have the droid. >> have a good one. go, giants. ,, 3qcopd makes it hard for me to breathe.

but with advair, i'm breathing better. so now, i can join the fun and games with my grandchildren. great news! for people with copd, including chronic bronchitis, emphysema, or both, advair helps significantly improve lung function. while nothing can reverse copd, advair is different from most other copd medications because it contains both an anti-inflammatory and a long-acting bronchodilator, working together to help you breathe better. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. i had fun today, grandpa.

you and me both. if copd is still making it hard to breathe, ask your doctor if including advair will help improve your lung function for better breathing. get your first full prescription free and save on refills. "abolish the public schools." he even called our schools "insidious" and "socialism." as families struggle to raise their kids, to provide a good education, harmer bragged, "we can design a plan to dismantle them." david harmer is just too radical. we need jerry mcnerney. protecting local schools from devastating cuts. endorsed for his "independence" by the contra costa times, stockton record, and our local teachers. i'm jerry mcnerney, and i approved this message.