right now at 11:00, months after a gunman opened fire at gilroy garlic festival, the first lawsuit is being filed. victims of the gilroy garlic vest fall shooting claim that lack of security is the reason the gunman was able to access the park. i'm laura garcia. >> and i'm marcus washington. three people died in the july shooting and many others hurt. kris sanchez is live in gilroy with more. kris? >> reporter: hi there. the victims' attorney claim if the security was better here the gunman might not have been able to access the park as it was full of people celebrating the

gilroy garlic festival. you might remember three people died in july in shooting. 17 others were shot. there were metal detectors here at the entrance at christmas hill park and a fence around the perimeter but the gunman, we're not naming, bypass the security measure and got in with an ak-47 that he purchased legally in nevada weeks before the shooting. we did reachoit to the gilroy garlic festival association and this is what the statement reads on the website. the gilroy garlic festival has brought our community together and united in honoring those lives who were lost and forever changed by the tragedy on july 28th, 2019. we're deeply grateful for the ongoing support of our volunteers and vendors and

visitors as we look forward to gilroy garlic festival 22 in july of 2020. the chamber of commerce declined comment and those that gathered donations for the victims and mayor none responded to our request for comment. at this point this is the only lawsuit that is filed related to the gilroy garlic festival. but back in august of last year the city did have meetings to talk about what potential liability they might have, the city might have, because this is a sit-owned property. at this point it is not appearing this lawsuit targets the city but rather the organizers of the festival itself. we'll continue to monitor that press conference that is supposed to start about now as we get details and we'll share them with you here and on nbcbayarea.com. in gilroy, kris sanchez, nbc bay area news. >> thank you, kris. as she mentioned, this is a look the at news conference about to get underway right now. we're streaming it live on

nbcbayarea.com if you want to watch more. the supreme court has finished hearing oral arguments in a case to decide whether hundreds of thousands of immigrants get to stay in the united states. bob, do we know how the justices ruled on the case yet? >> reporter: they won't rule until next year but nbc news is reporting it appears that the conservative majority on the court is likely to side with the trump administration decision to end the daca program which protects children of immigrant parents who came to this country illegally. there is one caveat to that and i'll get to that in a moment. this was the scene outside of the supreme court where people rallied for the so-called daca. they expressed concern that four of the five conservative

justices didn't believe the trump administration didn't violate any laws john roberts didn't seem as strongly convinced and co be the deciding vote. president trump establishing the program in 2012 to allow children between 16 and 30 years of age to work and study here in the u.s. and at schools like cal without fear of deportation even though parents were brought here illegally. currently there are about 660,000 dreamers nationwide including 200,000 here in california. now the trump administration end ended daca in 2017 and the president said it is illegal and interfered with immigration and should be able to end the program regardless of legality and you see president trump tweeting out that meme in daca no longer are young and far from, quote, angels, and some are tough hardened criminals and president obama said he had no right to sign the authority but would anyway and a deal will be

made with the dems. and as scott mcgrew pointed out, the first part of what trump wrote is false. no one protected by daca is a criminal. a criminal conviction removes your daca status. that is from scott mcgrew. california has sued the trump administration over daca. here is the state attorney general this morning on the steps of the supreme court. >> and everyone must respect the law. we learn from a very early age that there is a right way and there is a wrong way to do things. the federal government tried to termin atd the daca program the wrong way. >> reporter: it wasn't just california, you'll recall uc berkeley and the city of san jose and the county of santa clara and others sued to stop the trump administration from ending the daca program. judges in new york and d.c. issued injunctions and upheld daca which stands for deferred action for childhood arrival and known as the dreamer program.

today that was peeled to the supreme court. again the supreme court not expected to issue a ruling until next year. reporting live here at cal, in berkeley, bob redell, nbc bay area news. >> certainly one that people will continue to talk about, bob. thank you. just in, hate crime murders across the country have reached a 27-year high. that is according to data released by the fbi. last year there were 24 hate crime murders including 11 worshipers killed at tree of life synagogue in pittsburg. it is the deadliest anti-semite offense in 2018. and if the fbi 184 offenses were motivated by bias against transgender people. well it is nearly a week since the kincade fire was fully contained and today they begin the process of cleaning up damage left behind. pete suratos was in one of the areas affected in healdsburg this morning and has more.

>> reporter: good morning to you. and we're standing in front of the winery in healdsburg and you could see behind me plenty of devastation left behind from that structure following the kincade fire that burned in this area not too long ago. the fire is fully contained at this point but today marked the first step toward recovery, that two-step process according to sonoma county. and talking about the process when it comes to the fire clean-up in parts of sonoma county affected by the kincade fire. now that first step was going to start today is going to be the hazardous waste clean-up phase. this is a sweep of all hazardous waste on properties by sonoma county at no cost to property owners. so basically you'll have officials looking for anything that poses a health threat like pesticides, batteries, asbestos and paint to name a few items. once that wraps up, that is when the debris removal process will

begin. the owners will have to go through an application process through the county and hire a licensed and qualified contractor to remove any debris from their property. now i do want to point out, unlike in 2017 in the aftermath of wildfires in the north bay, there will be no state or federal funds to assist homeowners with that debris removal. so essentially those costs are going to completely fall on the homeowner. now as far as the damage left behind from the kincade fire, there were 374 structures destroyed including 174 homes. the fire ended up reaching more than 77,000 acres and the cause of the fire is still under investigation. as you look at the damage left behind from the kincade fire, to this specific structure, the soda rock winery in healdsburg but the hazardous waste clean-up process will begin at some point today and that process will last at least three weeks. in healdsburg, pete suratos, nbc

bay area news. >> a lot of clean-up to do there. thank you, pete. taking a live look outside, palo alto another nice day. a little haze in the sky. meteorologist kari hall is here with the forecast. we're in the same pattern. >> yeah, we are. and it is so warm for this time of the year. we for goat we are not supposed to be this warm in the middle of november so as we look outside in walnut creek, starting to warm up there as well. notice how hazy it is. we've had some very poor air quality and reduced air quality as the clouds have been moving in upstream so we're seeing now as we look at our air quality moderate air quality with the yellow dots indicating some drifts of smoke coming in, k -- being trapped near the surface as the air is not moving around. not much of a wind either. as we take a live look outside in san jose. as we head out for lunch, expect it to be in the mid-70s. heading up to 77 degrees at 1:00 today. we're also getting a filtered

sunshine as high clouds move in and so the sun is kind of peaking out from behind the clouds today. reaching into the upper 70s inland and 78 the high in napa. and reaching low 80s in the north bay, while san francisco will be in the upper 60s. but the big thing is we're going to have very warm weather for a little while longer before it cools off. we'll talk more about that and the air quality coming up in a few minutes. >> looking forward to it, kari, thank you. in washington all eyes have been focused on the impeachment hearing. >> scott mcgrew joins us. something from the side lines. >> you remember roger stone, he's on trial not far from the white house accused of lying to congress among other things. during testimony today another of trump's associates rick gates testified he was with candidate trump when stone called him to tell him that wikileaks had damaging information stolen from

the democratic party. this is significant because president trump said in written testimony to the special counsel robert mueller that didn't happen. but at least he didn't recall that happening. rick gates said he was there when it happened. we'll keep our eye on that. president trump for his part was at the new york economic club this morning. he did not mention the upcoming public hearings. but he has been tweeting about them. those hearing begin tomorrow and we expect they will mirror some of the closed-door hearings that have already taken place. there will be three leadoff witnesses starting with bill taylor. now if you are only just starting to pay attention to all of this, we understand but he got you, too. on nbcbayarea.com we have a back to basics what, is going on and why this is a big deal and quid pro quo but for not dummies. that will bring you up to speed on what the president is alleged to have done. and why he's facing these early steps to impeachment. and nbc will start special impeachment coverage starting at

7:00 a.m. tomorrow right after "today in the bay." >> thanks, scott. coming up, former president jimmy carter underwent emergency surgery this morning. we'll have an update on the post-surgery conditions. and major problem for the disney new streaming service and what people are dealing with as they try to connect. and first here is what our investigative unit is working on. >> more violence on the b.a.r.t. system. >> our cameras captured a fare evader red-handed. >> so how safe is b.a.r.t.?

to find out we're riding all across the bay area. we're taking you with us. >> i just had a stop here in san francisco. >> we're here in west oakland. >> and this is the powell street station. >> video shows the man verbally and physically attacking another rider. >> are you freaking serious? >> we want to know what you're seeing on b.a.r.t.? so send us your video. from the whacky and weird to the down right dangerous. show us what you're experiencing out here and record yourself explaining what you saw. email us at the unit at nbcbayarea.com or get our attention on social media using the #weinvestigate. we want to hear from you.

developing now, former president jimmy carter recovering after undergoing emergency surgery at emory university hospital in atlanta. they believe pressure and bleeding on his brain caused by two sear recent falls. there are no complications and resting comfortably with his first lady roslyn carter kennedy by his side. [ bell ] the opening bell of the new york stock exchange where the dow is up 4 points and s&p 500 hits record led by disney and facebook. and new at 11:00, speaking of disney, after launching users already having issues with

disney plus. this morning many people took to twitter mentioning problems about access in the new streaming service and many were allowed to buy the app on the computer but once paid for the streaming service was not loading on smart tvs or playstation. disney is working to fix the issues and that the demand for the app exceeded expectations. due to the fastest growing consumer debt second only to mortgages. >> we're digging into forward data and found for-profit colleges play a big part. and we spoke with one whom who said her fher for profit colleg exaggerated at best leading her to debt that she doesn't think seal be able to repay and it is an issue at the state capitol. >> there are too many stories of for-profit schools that are requiring students to take tens of thousands of dollars of debt and when students graduate from

the programs, they don't make more than the federal minimum wage. >> we reached out to some of the biggest institutions here in the bay area but none wanted to talk about it. tonight at 11:00, we investigate what critics call predatory colleges. if you have a story for the investigative unit it is easy to get to it them and call them at 888-996-tips or go to nbcbayarea.com/investigations. so the niners this morning are no longer the last of the unbeaten. >> once beaten twice shy after missing critical chances to pull out of a big win against seattle at levi stadium. if you were there or maybe stayed up late to watch it, it had a little bit of everything. went on to overtime where kicker chase mclaughlin mis-hit a 47-yard field goal and then on the last possible play of overtime seahawks made a field goal and they pulled out the

27-24 win. fans say key injuries may have made the difference between winning and losing. >> once we get the weapons back. there nothing to be mad at. one of the greatest games we've seen in a while. >> nothing to be mad at. only that they lost. but it is one of the best monday night games of the year and the niners were missing george kittle and then lost emmanuel sanders during this game. hopefully robbie gould returns for the next game. >> we'll get them next month. >> but now we're going to talk about this beautiful weather. something to smile about this morning. and it is nice. >> it has been nice. temperatures in the 70s, year 80 degrees. and then we see it 9 degrees for chicago and parts in the west. >> have a tough go of it there. >> but this time of the year when it is so hazy outside, we think it is okay it is nice to get some rain in here to clear things out and improve our air

quality. we could see the haziness as we take a live look outside in san francisco. you head out and it does feel nice out there. but look at thisview from the san jose foothills across the south bay and that is after a while you could barely see anything because we are still seeing drifts of smoke coming in and nearby wildfires over the past several days. looking at our temperatures right now, we have upper 60s as you head out for lunch. livermore at 68 degrees. oakland is at 66. and we're at 69 degrees in santa rosa. we're just a few degrees warmer than yesterday. going into the rest of the afternoon, in martinez we'll be in the mid-70s. up to 77 degrees at 3:00 today. and notice at the bottom of the screen, the seven-day forecast is already up. we'll have a couple more days of weather like this and then it does cool off. so we're getting outside and enjoying the warmth and going to see our temperatures in san jose about 10 degrees above normal. we're up to 79 today in morgan

hill and for the east bay we're going to see walnut creek reaching 77 degrees. 73 will be the high in hayward. and reaching 72 degrees in redwood city. up to 65 in the outer sunset and the north bay reaching 76 degrees in novato. napa today reaching 78 degrees. yes, we're comparing it to what everyone else is feeling right now. and look at how cold it is for a big part of the country. mostly the eastern half is feeling temperatures that are much cooler than normal. and that is what we normally see in january but it is pretty much hitting the areas a lot sooner. high pressure that we've seen keeping us dry is now moving off toward the east. there will be a cold front moving in and it will give us a couple of days of some cooler temperatures. but then it just warms up again for the weekend and we don't have any rain in the seven-day forecast. we have some upper 70s today. mid-70s tomorrow and still the clouds rolling by. the cold front moves through

late tomorrow evening and we'll see thursday high temperatures in the upper 60s. and also upper 60s on friday but warming up again for the weekend with mid-70s in the forecast inland as we go into not only saturday and sunday and monday as well. so we'll be watching and hopefully getting that chance of rain later down the line, marcus and laura. >> we certainly need it. thanks. >> coming up, a season nearly here. soon nbc will be airing the golden globes and this morning a big announcement. who is hosting the show for a record fifth time. but first, happening now, southwest airlines is speeding up inspections after accusations that some planes did not meet all safety requirements. that includes nearly 39,000 pre-owned boeing 737 planes purchased from foreign carriers. the checks after the inspections of nearly 40 used planes turned up previously undisclosed repairs and incorrectly

completed fixes. more news for you after the break. my parents never taught me anything about managing money.

the amount of student loan debt i have, i'm embarrassed to even say. we just decided we didn't want debt any longer. ♪ i didn't realize how easy investing could be. i'm picking companies that i believe in. ♪ i think sofi money is amazing. ♪ thank you sofi. sofi thank you, we love you. ♪

ricky gervais will host the 77th annual golden globes award. >> the british comedian broke the record. nominees will be announced next month and watch the golden glob globes right here on nbc bay area on january 5th, a sunday. >> today's show bushes are

releasing a new book. >> it is called "sisters first" and best-seller on amazon. >> we got excited about writing a children's book when jenna was pregnant with her second daughter poppy. we would spend time with her older daughter meala getting excited about a faster and the fact she would have a playmate to live with her and do everything with and so when we were getting milla excited she was excited to be a big sister and we wanted to share it with other little kids too. >> so it tells the story of a young girl who wishes for a new sister. jenna just returned to the show this week. >> talking about what a great it is today. >> i guess you'll want to take that book outside. we'll have temperatures in the upper 70s today. cooling off by the end of the week. but that is only temporary because we do warm up several more degrees for the weekend. look at san francisco. for thursday and friday we'll stay in the 50s.

>> all right. a little taste of fall. >> finally. california fall. >> thanks for joining us. our next newscast coming up at 5:00. >> and join us back home tomorrow morning starting at 4:30.

ever since darrell's family started using gain flings, their laundry smells more amazing than ever. ah, honey! isn't that the dog's towel? hey, me towel su towel. there's more gain scent plus oxi boost and febreze odor remover in every fling. gain. seriously good scent. you mighyour joints...ng for your heart... or your digestion... so why wouldn't you take something for the most important part of you... your brain. with an ingredient originally discovered in jellyfish,

prevagen has been shown in clinical trials to improve short-term memory. prevagen. healthier brain. better life. right now on "california live," get ready for a sister with sass. former housewife from atlanta claudia jordan is turning up the heat. >> it is about to get hot up in here. >> and -- ♪ oh, baby baby. >> we're celebrating 60 years of motown in a supreme way. >> 60 years of motown. >> how do you do that? >> and then kim is serving up a fall feast filipino style. >> today i'm here with young and fierce chef stable who will teach me how to make a filipino lupa. >> and a doctor in the house. chicago med's torrey devitto is