that should not happen. that is a terrible mistake. >> right now at 11:00, a deadly mix-up at a peninsula senior center. the mistake that took one resident's life and sent two others to the hospital. the errors one attorney claims the same facility has been accused of in the past. meteorologist kari hall is tracking what maybe the hottest days of the year so far and increased fire danger. the overnight fire firefighters are hoping is not an early warning sign. thanks for joining us for our midday newscast. i'm marcus washington.

a reminder, you can watch us live on roku, amazon fire, apple tv and online. that developing story for you this midday on the peninsula, one elderly woman is dead, sending two others to the hospital as well. an incident at atria park, an assisted living facility in san mateo county. now that facility is saying that three of their residents were mistakenly given dish washing liquid instead of juice. we are at that facility and ginger, i know you've been out there since this morning. what have you learned so far? >> marcus, there are still a lot of unanswered questions, but we have learned more details about what happened that saturday morning. we spoke to an employee who did not want to speak on camera, but she shares the entire team working in the memory care on saturday has been suspended pending investigation. red dish washing liquid was

mistaken as cranberry juice, prepared in the kitchen and served to three residents. one has died. a 93-year-old san mateo county woman. the two others are still in the hospital suffered injury to their throat. atria senior living has issued a statement sharing their condolences to the victim's family. the statement goes on to say in part, it is conducting its own internal investigation at this time. a lot of things unclear including the fate of this facility. nbc bay area has learned atria senior living including this particular facility has faced lawsuits based on negligence in the past. >> they've been from falls, wounds, things like that, all of them really with a basis of like not having enough staff and not enough -- >> reporter: we spoke to police this morning and they've been working through the night to dig deeper into the investigation.

they'll have an update later in the day. ian will be on that story for our afternoon and evening news cast. live in san mateo, nbc bay area news. >> ginger, thank you. parents and children in east oak living out a nightmare after a shooting sent a young student to the hospital. counselors are on hand as students return to the class at madison park academy. bob redell looking at the children involved in middle school. >> reporter: oakland police say that the suspect, the person who shot the 13-year-old student yesterday at that school, was just 12 years old. the shooting happened yesterday afternoon at 1:30 at madison park academy. this is a school for 6 to 12th great graders in east oakland. the 13-year-old was reported to be in stable condition. not clear what led up to the shooting. police found the suspect a short time later along with a weapon. it's not clear if that suspect was a student at the school as

well. as you can see from nbc bay area sky ranger, there were a lot of parents waiting outside the gates not knowing if their child was safe. >> it's uncalled for, for somebody, a kid to shoot another kid, eighth greds and seventh grade. >> something has to give. us adults have to do something about this. it's hard, these kids, misguided, what can we do? >> no parent wants to send their kid to school and then be called saying your kid has been shot. it's the worst thing you can hear. >> reporter: monday's shooting follows another violent weekend in oakland in which the police chief reported six killings over the four days prior. oakland's libby schaaf, put this out, we will come together to heal from these traumatic events. now incidentally later today the family support advocates this is a coalition for family members who have lost children to gun

violence in oakland will meet at city hall along with the police chief to call for an end to this kind of violence. bob redell, nbc bay area news. vallejo police are investigating a violent strong armed robbery. she and a family member were out for dinner sunday night when a robber attacked the 71-year-old woman in the parking lot. the family member says the thief struck her in the head taking off with her purse. the woman suffered bleeding in her brain, but her condition is stabilized. >> these cowards. they prey on, you know, elderly. my stepmom is 71 years old. she just was having a nice, you know, a nice night out with, you know, friends and family and for this to happen, it's sickening. it's really something needs to be done. >> now that woman is said to still be groggy, but she may be

released from the hospital as soon as today. want to take a live look across the bay area and a heat wave brewing with triple-digit temperatures. firefighters last night made a quick response to this grass fire along highway 1. it burned less than five acres. so far, there's no plans for pg&e public safety power shut off, but power use will pick up and everyone is asked to conserve energy. kari hall is tracking the conditions. >> we have a couple more days of the mild weather before we have to brace for that heat, and now is that time to prepare for that potential of not having power or the potential of new fires breaking out. we know it's been extremely dry. today it's been fairly mild and we're headed for 80 degrees in san jose. we'll see a high of 85 in dublin, 88 concord, and 82 in santa rosa. going into tomorrow, notice that

some of these temperatures come up another degree or two. but it's still not yet too hot until thursday when we start to see upper 90s and triple digits in fairfield and the north bay. notice san francisco and half moon bay stay cool there. what's going to happen here is a large area of high pressure which causes the air to sink, as it sinks it warms and shifts our wind direction so we don't get a strong ocean breeze and first those temperatures ramp up in southern california where excessive heat warnings will go up on wednesday, and it continues through tuesday so this will be a prolonged heat wave. then it starts to spread into the bay area especially on saturday and this is when our heat watch may turn into an excessive heat warning from saturday into the day on tuesday. some of our temperatures could reach as hot as 110 degrees for our interior valleys. really dangerous heat. once again, a lot of people are preparing for that labor day

holiday, maybe making plans to be outside, but you may want to make plans to try to stay cool in some air conditioning. we'll talk more about that coming up in a few minutes. >> sticking around for that. thanks. don't forget, nbc bay area's app a great resource for you. you can download it. it is free and get up to the minute weather alerts sent to your phone and you can customize it to your neighborhood. it's going to be a hot one. happening today the man accused of starting a fire that destroyed the san jose home deto the store is due back in court. he's facing charges of grand theft, petty theft and arson. prosecutors say he set fire to the store in blossom hill road in april when the store was full of customers and workers. in addition to all the panic there the fire caused, estimated damage is well into the millions of dollars. if convicted he could spend 14 years to life in prison. also midday, a man accused

of placing hidden cameras inside of bathrooms at an east bay starbucks is due in court. 54-year-old steven novelli is facing 83 misdemeanor and felony charges. prosecutors say he placed hidden cameras in the rest rooms at the location on main street in downtown walnut creek. they believe novelli was attempting to make child pornography. police are still looking for possib victims. they want to talk to anyone who was at the starbucks on the afternoon of june 4th or july 23rd. the department of justice up against a legal deadline in the search of former president trump's florida home. next, what investigators are now revealing about the information seized at mar-a-lago and the critical decision facing the judge this week. and on the road to recovery, we hear from the woman who fell while climbing at yosemite's half dome. the reason she says she will

continue to pursue her dreams despite her critical injuries. we'll be right back. does your vitamin c last 24 hours? only nature's bounty does. with immune 24 hour plus...

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a new legal twist in the fbi search of former president trump's florida home. the government facing a deadline of today, this is to respond to the legal team request for a special master to oversee the review of the evidence seized during that search. as nbc's hallie jackson reports the justice department says it's already filtered through the documents. >> reporter: a new phase this morning in the justice department's investigation into classified documents former president trump had at his mar-a-lago home with doj lawyers confirming they've done an

initial review of what was there and have identified some material that could be considered protected under attorney-client privilege. that could undermine the trump team's request to have a so-called special master do a kind of third-party review of the hundreds of pages of sensitive documents. >> there's still a need for a judge to get involved on every aspect of this, checking their assertions of privilege, but also giving us fair timely access, letting us build a case for why his search warrant was not only morally wrong but legally wrong. >> reporter: some suggest the former president's team may have waited too long for an independent party to get involved. >> now that documents have mostly been reviewed you cannot put the toothpaste back in the tube president. the reason becomes diminished. >> reporter: with a judge set to rule on that soon after suggesting last week she was inclined to appoint one. it comes as mr. trump is again

lashing out at the fbi and rehashing the 2020 election he lost demand tock to be declared the rightful winner and calling for a new election immediately, although federal law, not former officials, determine federal election dates. new fallout for a trump ally, senator lindsey graham facing backlash after these comments sunday. >> if there's a prosecution of donald trump for mishandling classified information, they'll be riots in the streets. >> that type of rhetoric is irresponsible. >> reporter: graham now trying to clarify. >> i reject violence. i'm not calling for violence. i -- violence is not the answer. >> hallie jackson reporting there. new deadly airbnb shooting in the south bay last year. this happened during a large party in sunnyvale. one of the two victims died. police arresting an 18-year-old suspect. so "the mercury news" reports

california and the city of sunnyvale have filed suit against the homeowner claiming she did not follow the short-term rental laws and the shooting would not have happened were she there to supervise and claims that homeowner's sole intent has been to use the rental business, what she continues to do to this day. they are also seeking the court order banning that home to be used as a short-term rental. the mercury news contacted someone based in maryland who identified herself as the owner and refused to comment. we are hearing from a 21-year-old student who fell while climbing yosemite's half dome back in august and thankfully, anna parsons says that she is now on the mend. >> i started to slide and heard what could have been a [ inaudible ] like polished and got wet, who knows, but then i fell about 80 feet.

>> wow. so parsons who is from new zealand fractured her neck, spine, pelvis, and ribs. doctors had to amputate her left leg below the knee and she's being treated at memorial medical center in modesto and as you might expect, those bills, they are mounting. overseas health insurance was purchased for this trip. her deductible $250,000. those bills have already exceeded more than a million dollars. parsons' family have applied for a grant and launched a fund raiser on give a little. >> praying i might get some of those because that would help me out so much and make me able to like, you know, have a life and have a career after this, you know. >> parsons still has her spirits up because she is an avid climber and surfer and she will climb and surf again and not giving up on her dreams including working at the marine science center. for now her next stop is a

rehabilitation facility. new details ability the well that washed ashore in half moon bay on sunday. this is in -- this is manhattan beach near the ritz-carlton hotel. the team from the marine mammal center conducted a necropsy and found the whale likely died from a ship strike. nine whales have been found dead in the bay area this year. all right. time to get a look at that forecast. it's starting out nice but when you take advantage of the weather we're getting now. >> now or within the next couple days it's looking pretty hot for a lot of those inland areas. i mean, if you're getting ready to head out for lunch this is the weather we've seen recently over the past few days, and it just continues. you can see the low clouds and the fog in the distance but it has rolled area from san francisco. we're enjoying sunshine there. here's what to expect as we go into the next couple days. mild weather and kind of the hazy sky for our inland valleys. by the end of the week those temperatures start to heat up

and for the weekend we're talking about some dangerous heat in the forecast over the next several days. and once again it does look hazy throughout. we're taking a look at our near surface smoke model where we see the light shades of blue shows a little bit of wildfire smoke coming in making it look hazy. if you smell it and you're sensitive to the smoke you might want to head back inside and limit your time youds doors. we've been talking about how hot it's going to be. you can see that at the bottom of the screen with our seven-day forecast. take a look at your microclimate. as we go into this evening and tomorrow, some of that smoke starts to clear out. looks like we get some fresher breezes, at least for a little while, but it's all coming from a couple fires farther from the north, from the mckinney fire as well as a fire that's burning up around the california-oregon border. we will see the shift in the wind direction take the smoke baugh -- away from us. 82 in san jose and 88 in morgan

hill. there will be some upper 80s for walnut creek as well as pleasonton and we're also looking at some mid-70s it for san mateo county while san francisco stays in the 60s today. for the north bay we're up to 73 in mill valley and ukiah hitting 97 degrees. as we go into the labor day holiday weekend this large area of high pressure builds and take a look at how our temperatures respond. we're going from mid-90s to 104 degrees on thursday to 109 in brentwood on sunday. the hottest temperature will be 111 degrees. that is just brutal. when you compare this numbers to our all-time high temperature records, it doesn't look like we're going to set the records. thank goodness, but it's still going to be very hot out there. taking a look at our seven-day forecast, once again, going from upper 80s today to upper 90s, very quickly within the next couple days. and then over 100 degrees

throughout the entire weekend for a lot of our inland valley spots. while san francisco, it's looking like it's not going to really see that much of a big warmup with highs reaching into the low to mid-80s. this is going to be the warmest day on sunday labor day up to 80 degrees if the fog can hold off near the coast and going to keep the temperatures much cooler there so hopefully that continues. now let's turn to our climate in crisis series from mega droughts to potential mega floods our changing climate continues to show a growing trend both in the intensity and frequency of such events becoming one of the most common disasters in the united states. scientists revealed that a mega flood could impact california in the next 40 years. now you might remember the 100-year flood that closed freeways and forced the evacuation of thousands of residents in san jose back in 2017. did you know there's also a 1,000 year flood potential?

that doesn't mean it's going to happen once every 1,000 years. it means there's a 1 in 1,000 potential it could happen within any given year. but current trends show that 1,000 year floods are happening more often and there's been more than six in the u.s. in the past month. our climate reporter chase cane from lx takes a closer look at how often. >> over the past 20 years, floods have become the most common disaster across the united states. they're now happening three times more often than they were before the year 2000. that's not that long ago. even if we look just at the year 2022 through the first half of the year, natural disasters have caused nearly $30 billion of damage in the united states and actually half of all the damage from natural disasters in the world this year is happening in the united states. >> why is this happening? our warming planet has something to do with it. as it gets warmer the atmosphere hold morse moisture and in the

stronger storms it comes down quickly. if that heavy rain is preceded by a drought the soil can no longer soak in the water as the ground becomes nearly impervious which means it can't soak in the water similar to krun create or hard surfaces. the heavy just runs off and you get flooding. you can see more stories like this, check out the rest of the story go to our website nbcbayarea.com and click on the climate in crisis tab. marcus? >> thanks, kari. now you can watch nbc bay area news on your schedule. all you need is roku. find us by selecting the live tv tile on your home screen, scroll down to channel 133 and now see your news any time anywhere in the country. >> a lot of 49ers are learning they didn't make the team but fans may be cheering the fact that one face will not only stick around this season but perhaps he may be making an appearance in on that action.

i wonder who that might be. you know who it is. stick around. we're going to talk about that. happening now for you, did you know that kindergarten is not mandatory for the state of california? but you know what, things may be changing soon. state lawmakers have approved a bill that could make it a requirement. right now, required education starts at six years old with first grade. only about 5% of families statewide choose not to send their kids to school by the age of 5. of 5.

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today's cut day in the nfl meaning teams will lose a third of their remaining training camp players. there is good news for niners fans or ones fond of this face. the guy right there. we're talking about this guy going to be sticking around there. all offseason and through training camp the niners were expected to let jimmy garoppolo go. at the end of last season jimmy g. thanked fans but now the nfl

network reports jimmy g. has agreeded to a restructured deal at a minimum of $6 million. those incentives can take it higher if he becomes a starter. last year's first round pick trey lance is still set to start the opener and sets up an interesting dynamic that should be a struggle either way. kyle shanahan and john lynch are breaking down the new deal and the final roster at this hour. an absolute legend in tennis moving to the next round in the final grand slam tournament of her storied career. of course we are talking about the one and only here. >> the greatest of all time, serena williams. >> the g.o.a.t., serena taking the court last night in the first round of the u.s. open. remember, she's calling it a

career whenever her run at the open ends and with her daughter olympia watching in the stands there, she actually won the first round match straight sets there. >> love the sparkly cover all thing going on. >> the diamonds for a diamond. >> nice. >> nice. >> there you go. yo ghu miret alknady thow roat p tp 27 aaxesegnd resulat slines portinbett fg to undal reut sol tionseo th on me honelessriss c owso hl wil nthatevew renuebe nt spe? ne usw houning its a in8 ll 5ticoun in includerg: pntmanesu tipporouve h,sing

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♪ ♪ right now on "california live" -- >> i'm meeting a former white house staffer who ditched d.c. to follow his indue wigs. that includes making stylish scarves in venice beach. >> and then we're lighting up the san francisco skyline. >> and jessica will show you five easy pilates moves. >> and i have a place for your kids to play. all happening right now on "california live." ♪ ♪