looking for a drive by shooter that injured five people in front of a busy movie theater last night. and that is a district popular with tourists and families. >> first of all, all five victims are expected to recover. this happened during a busy summer night with lots of witnesses. the police say they're having a hard time piecing together what led up to this shooting in part because the victims are not cooperating with investigateors. >> according to a witness, the shooting started just as young people gathered in front of the regal cinemas. >> lots of kids just playing and waiting to go to the movies i guess to see spiderman. the car pulled up. they started shooting. >> and four males and one female. none have life threatening

injuries. >> what we do know at this time is that there appears to have been two groups. the groups were involved in a type of altercation during that altercation one individual in the group. >> the shooters described as young male and got away on foot. and part of town where there is normally little violence. >> there were people a lot of young kids running this way, up the street. they locked the door asks secured customers inside. >> and the general manager of a restaurant that has been near jack london square 14 years. >> i'm going to say it's safe to come down here at night. it's a beautiful place. the water front is a beautiful location to be in. i don't think families should feel unsafe. think it was just one time. >> and ricardo worked at this

shop more than a decade. >> this is supposed to be an area that is to come to get for fun, not to just come to do a shooting. >> and the manager had no comment for us today. the mayor was at jack london square for a conference. she had no comment and the former mayor of oakland, now governor, did make a statement. and we'll hear from him tonight on abc 7 6:00. >> and and breaking news in southern california wildfires and firefighters from the u.s. forest service and city and county fire departments are battling the flames. the fire in waterman canyon force aid closure of highway 18 and prompted evacuations. there are triple digit temperatures and low humidity there, making it tougher on

firefighters. the cause of the fire is still being investigated and the priority at this moment put it out. >> the civil trial of a former software company owner convicted of murdering his wife got underway today. hans riser is serving 15 years to life in prison for the killing of his wife. his children filed this suit against their father. they want compensation for suffering. riser acting as his own attorney and says he's being sue forward $15.2 million but the attorney for the children says they're trying to figure out where the assetsre here, and outside of the country. the children are living with nina's paernts, their grandparents in russia, they're not expected to attend this hearing. >> occupy demonstrators will protest at the albany city council meeting because they want to keep a piece of uc berkeley property unsolved. activists returned to the farm site over the weekend and this is to harvest crops in may.

they will rally before tonight's 7:30 city council meeting where a public hearing will be held on the university development plans for that plot of land. the meeting will be at albany community center at marin and evelyn avenues. >> there is what seemed to be smooth sailing has run into quite a snag. california pacific medical center wants to build a new hospital on post street. and abc 7 is live with the story for us. >> hi, carolyn. not sure everyone knows this but the state mandated all opts be safe by the year to 20 meaning a lot of rebuilding and there are two facilities on the drawing board, one cannot be built without the other.

>> carmen ramos has diabetes. >> you feel they taking care of you. i think this is important to fuel you're a human being. >> this safety net hospital in the mission district is slated for a new $300 million campus. and cpmc plans to spend $2.5 billion building another hospital. at proveal is contingent on cal pacif, keeping st. luke's open for 20 years. cpmc is balking at making an iron-clad agreement. >> i am not willing to sign an agreement that will tie the hands of cpmc. >> this controversy erupted when the president of the board received documents he calls disturbing. it appeared to indicate cal

pacific might try to pull the plug early on st. luke's. >> there is sutter continued to say they plan to keep st. luke's open. the financial document chz i have, the only document that's layout the finances suggest otherwise. >> there is an agreement with the city. the chief of staff at st. luke's blames politician autos boy like to see people put their politics aside. and stop grandstanding between the mayor's office and the board of supervisors. >> the deal is perhaps not dead but feeds resuscitation. the mayor sounds hopeful. >> i wanted them to put it in writing so i'm feeling confident that that will move forward. i'm going to be pushing it. >> and this hearing was supposed to vote on the project next week. that is not going to happen. in san francisco abc 7 news.

>> thank you. >> one of the key players on the final four team died suddenly today. he collapsed and died. is he seen here hitting a three pointer. he was part of the great stanford team making it to the tournament four seasons during late 90s. and he was working in the financial services industry. he and his wife have three daughters. >> and there is pg&e showing off technology to check bay area pipelines for defects. >> public safety is the goal by having new and better testing. but new technology doesn't mean fast results. it will take an analyst two

months to analyze data collected in a segment that. is more information than pg&e will have for the april00 mile transition network. >> engineers like to call devices like this an mri for pipelines. this can travel from pipes and this smaller one is designed for six-inch pipes. they're propelled up to 11 miles per hour for a small one, up to five miles for a large one. that means the gas lines don't have to be shut down during testing. if this technology lynch bid a joint venture. >> this is creating a circuit. if there is a good pipe wall, circuit continues. if you have corrosion, what happens is that it's broken and there is leakage, hence the technology name. >> the next session detects welds. and twin odometers let crews

know where to dig later, pg&e will pick up a line on friday and this cost is $1.5 million. >> over time, this ability modifications as we make launchers and receivers require expenses and that is a discussion that it will be had with the cpuc in terms of how ultimately those modifications and improvements get paid for. >> pg&e is working with fire agencies, milpitas fire chief said he welcomes this technology but is mess sured in whether he thinks it will lead to greater safety and confidence. >> as we know with levels of technology we need to take the baby steps and we need to ensure that the data is analyzed correctly. >> pg&e will spend $10 million to scan 206 miles of pipeline

this year, that is only a fraction of the 1200 miles in the network. >> thank you. >> and there is sandhya patel with the accuweather update. >> and i hope you're ready for heat. because things are about to get uncomfortable here. this is july and this evening, foggy at the coast. upper 50s to upper 70s there is hot conditions inland. you can see temperatures up to 100 degrees. there is a spare the air day. coastal areas into low 60s. if you think 100 is hot wait until i come back with the wednesday forecast. >> and still ahead how to make

your kids happy and healthy. >> and an eeg yes bruise, bloomberg west with what a judge said about samsung's tablet. >> michael fin gee taking your consumer questions and will answer them here live just a little bit later, you can contact michael on twitter at m finney and facebook.com/michael finney abc 7. >> taking a look at the san francisco skyway, it's slow going for drivers. and this is looking nice for [ male announcer ] the magic of nature appears every day, within each strand of an oat's rhythmical sway. when an apple's vibrant red temptation,

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new research indicates growing up with pets could make children healthier. reports of children from their first birthday found the babies that grew up with cats or dogs grew up with less ear infections and needed less medication when sick. and researchers speculate and it the study published in the issue of pediatric autos researchers in uc irvine found people who drink cranberry juice or take cranberry capsules are in fact less likely to get uties. cranberry products seemed helpful for women with recurring uties. researchers say the certain compounds appear to prevent bacteria from attaching to tissue in the urine yairy

tract. >> samsung won a legal ruling in its patel -- patent battle with apple. first, the face book flop, now things look like they're thawing out a bit. and let's go to deirdre bolton. >> there are two companies getting closer to go public. there is travel side kayaks saying they're going to offer four million shares hoping to raise $87 million. and there is hoping to raise about $230 million. if all goes well, kayak and n.palo alto will join a short list of companies that have gone public since facebook. in the meantime, you mentioned this major victory for samsung in a uk court but it came with

a major inassault from the judge. a judge ruled the design of samsung's galaxy tablet does not infringe on the ipad because it quote was not cool enough to with confused with the ipad. >> interest there is a big new prediction less than a week after bloomberg learned apple is working on a smaller version of the ipad. and one says apple could sell up to six million devices. stocks ended lower, renewed concerns about europe's debt crisis. and your bloomberg silicon valley closed higher, earnings started today. alcoa said the second quarter profits beat estimates after an increase in orders from auto and air space industries and the amazing spiderman had an amazing first week at the

box office. the reboot earned $341 million world wide, making it bigger than new versions of "batman" "superman" and "incredible hulk". the creator stan lee is going to be sell braigt his 90th birthday. lee is hardly slowing down, he is making a push into the digital world including a new you tube channel. and listen in. >> did you ever think you'd be making programming spes sympatheticly for you tube? >> no. i thought it was a new toothpaste maker. but no. i would like to feel we're going to be making programs for any new outlet that there is. >> and you may have heard about warnings for malwear monday but it doesn't seem

like much of a problem, fbi warned computers carry a virus, spread by a fraud ring dismantled last year and that users might lose access beginning today and this appears the crisis has not materialized. and you can go to dcwg.or kb. to see if your computer is affected. >> thank you. >> and looking like lovely clear skies. we're in for a spare the air day. >> it is warm out there. >> and if you think it's warm inland now, tomorrow is going to get hot inland. let me show you a live picture. from our camera, you can see san francisco and some parts still under the fog and there is fog just hugging the coast from san francisco down

towards the san mateo coastline and towards monterey. not quite clearing the coast. there is enough of an onshore breeze, winds coming off the ocean to prevent you from getting too hot. there are 50 as long the coastline. and there is pretty warmer, fog at the coast and over the bay. hot inland and it is a spare the air for tomorrow, just be aware of this. and here is what is going to continue to the poor air quality. there is a hot air mass so hot days are expected for tuesday and wednesday. we're going to get you into triple digits. by morning you'll cool off into 50s in most areas, 60s in antioch z you'll notice fog near the coast, fingers in over the bay there is fog pulling away from just about everywhere.

there coastal area was a sea breeze into 60s, inland areas 100, there is a wide range of temperatures and this is where this is going to have poor air quality, north bay there is your high temperatures tomorrow, 72 in san francisco. 65 degrees in half moon bay. there is 90 degrees this san jose and napa. 77 for new richmond. 100 all the way up towards yu kaia. around the bay 78 degrees in santa cruz. 93 inland. so yes, it's going to get hot if you don't like it there is a place to go. head to the coast. tomorrow afternoon there are mid-60s coastside, warmer for wednesday, 102 inland. cooling trend thursday and continues throughout the

weekend and there is marine layer starting to deepen and there is going to be two steamy days ahead. >> thank you. >> coming up next on abc 7 news, the compliment katie holme's lawyer is paying tom cruise as the couple reaches a divorce deal. >> a story you're going to want to tell friends about. these twins were born in two different countries. >> and coming up, metal thieves

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>> if you love good morning america now you can hang out in the afternoon. >> ladies first. >> can i -- . >> let her rip. >> good afternoon, america! >> this show debutted with the buzz on the tom kat divorce. and you're a big part of the show n addition to studio audience viewers can use social media to get in on the conversation. >> if of the things we love to do will be able to share with you now in the afternoon. we'll be bringing you all of the fresh in the world of pop news and web. >> it's now people are talking about it. it's news that is fit to discuss. >> you can watch here on abc 7 weekdays at 1:00 p.m. there is a this adorable viral video.

>> look who sees her reflection for the first time. she lives in dallas. she can't believe there is someone else on the earth that looks exactly like her. and doing the same thing she's doing! >> and you can check out more on good afternoon, america. >> and the hunger games movie is adding an oscar winner to the cast. >> kardashian family getting even bigger. rachel smith has the stories but first new details on the split between tom cruise and katie holme autos it's been almost two weeks since katie holmes filed to divorce tom cruise. her lawyer says they've reached a settlement. it came rather fast, her lawyer attributes to professionalism on tom's end. details haven't been released so we don't know about custody but lawyers say he's pleased. in a joint statement the two wrote we're committed to

working together as parents to accomplishing what it is in our daughter's suri's best interest. we want to keep matters affecting our family private and express our respect for commitment to each of our respective beliefs and support each other's roles as parents. >> the hunger games stepped it up a notch. the cast for next film in the franchise and it hits theaters in to 13. kourtney kardashian gave birth this weekend to a girl. for more celebrity headlines go to otrc.com. >> and governor jerry brown comes back to oakland with a pocketful of federal dollars

turning these tracks into the biggest redevelopment project city has seen in years. >> the president talks middle class tax cuts. but his plan faces opposition from republicans and some top democratic leader autos coming up later cal train tries out a system making waiting for the train a much m

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after years of planning and fighting the old oakland army base has a new mission today. >> it's becoming part of the port. the old base between interstates 80 and 880 giving several agencies part ownership. >> abc 7 news is live in oakland tonight with the story. mark? >> there has been a slow-moving project, you're right. the army gave up the base in 1999. this decision was 12 years in the making. at 366 acres it's going to be the biggest project in oakland. and first phase will be to bring in rail lines to make this land ni shipping, packing and distribution senter for the port of oakland. >> there is not a lot of good, blue collar jobs. >> oakland's mayor told the audience 5,000 jobs will be

created most in construction of the shipping center and there are rail portions benefiting from a $15 million grant from the department of transportation. >> this puts oakland port on the map, in the 1st century. that is really what california is all about. >> the secretary says the expansion will mean more rail transportation, fewer trucks on roads and less air pollution. and both said the same goes for high speed passenger rails. >> and i'm very proud that the california legislature voted not only to start the high speed rail but billions of dollars of local projects on both sides of the bay going to sacramento and going to the central valley. >> and this governor talking about friday's vote toig ahead with the first phase and this

is despite 61% of californians say they oppose the project. and why ray lahood believes polls are wrong. >> and air traffic controllers at san francisco international airport are getting a new home. trance pore saigs secretary ray lahood and mayor ed lee broke ground today going up between terminals one and two. the new tower will be taller and sit atop a three-story administration building. designed to withstand an 8.0 earthquake. the tower is expected to be in operation at sfo by fall, 015. >> president open yauka proposing to extend bush era tax cuts for those making less than $250,000 a year setting

up a battle with mitt romney over that key group of voters. >> good afternoon. the president sang a familiar tune on taxes but this sets up a big showdown with mitt romney. today president obama was in full campaign today moed. >> cuts every year i've been president by $3600 by the typical family. >> surrounded by voters the president reiterated for congress to extend another year the bush era cuts for americans making less than $250,000 a year. this is set to expire at the end of the year. >> millions of families enclurding these good looking people behind me could see their taxes go up by $2200

starting january 1, next year. it would be a brag drag on the economy it doesn't need anymore dragging. june was another month of slow job growth so this rookz like an attempt to shift focus to mitt romney. >> mitt romney with his wealth and his bank accounts in foreign places is not the kind of guy that understands middle class. >> romney supports extending tax cuts for all income levels and the campaign says the president's plan amounts to a massive tax increase. >> my opponent will like to keep them in place. i will fight to end them its not just mitt rop romney the president is squaring off again. some say the cuts should be extended to americans that

earn up to $1 million a year making the president's plan a tough sell. >> and where does this go next? >> house rin republican goesing to try tochl tend tax cuts but the president did several interview was local spaces around the country. and will veto anything coming to him extending cuts for anyone making over $250,000. and there is a where unlikely anything is going get done before election day. i bet we'll be talking with this in december right up until new year's. >> and in california governor brown's tax plan survived a legal challenge. the judge today ruled that the governor initiative will get top billing on the november ballot. and the competing initiative

is an across the board tax cut. now, coming up on abc 7 news at 5:00 why the governor's victory today may be short lived. >> thousands of californians still looking for work. we wanted to do what we can to help people find jobs. emmoiers are participating in the higher event in the job fair from noon to four on market street in san francisco. and you can go to abc 7 news.com/jobs for more. >> still ahead here today on abc 7 news at 4:00 this bizarre concert starring knockoffs of disney characters has observers wondering about north korea's attitude towards the west. >> and michael finney is taking your questions on twitter and facebook and will answer them here live just a

little later. >> there is a live picture from atlanta of a funnel cloud, possibly a tornado. there are thunderstorms in the area here in the bay area, there is a different story. there is hot weather coming in. [ male announcer ] ever wonder what's behind two little fleas? the next generation and then countless more. how do you kill them? frontline plus. it uses two ingredients.

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orks overseas there appears to be a deal to end blood shed in

syria. kofi annan says he receive add sureances he will abide by a piece plan. it would create a transitional government with representatives having input in the process. >> this approach about ending violence would be shed with armed opposition. we have a team here on the ground that will continue to do that. >> and this un estimates 10,000 people have died since the government began cracking down in march of last year. >> foreign observerers are scratching their heads after an usual concert in north korea to honor it's new leader. the show started innocently with musicians but then, these guys showed up on stage.

and there is tigger, and winnie the po. oh. it may be an indication he'sing restrictions on the western culture there. abc 7 is owned by disney and we're told those characters were unauthorized and unlicensed. >> you've heard of new year's twins being born in different years but a european couple had babies born in different countries. and out came dylan, paramedics determined they had time to get her to the hospital before delivering the second baby. the hospital was in scotland so a 40 mile ride later little hannah born that means dylan on the left is english, and hannah, on the right is scottish. >> never heard that before. >> unusual one. >> coming up on abc 7 news something a lot of commuters may be dreaming of doing. the story behind this video of a stuntman doing doughnuts on

the bay bridge. >> do you ever wonder if someone is watching you? keeping track of you? we'll talk about how to find out if someone is asking for your cell phone records, ahead. >> and abc 7 news at 4:00 continues right after this. hmm, it says here that cheerios helps lower cholesterol

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here is a look at what people are searching for this

afternoon. kourtney kardashian gave birth to her second child today, a little girl named penelope. and a lot of people are looking for news on usher, the singer's 11-year-old stepson has been declared brain dead following a jet ski accident. >> a video reving up the internet solves a big mistry. how did those doughnut fire burns appear on the up yek deck of the bay bridge? and and this is part of a commercial shot during a weekend last last may and there is a decked out ford feesta. you can see screeched off the exit and circles around the cable car, jumping an intersection. >> i can see people there

doing that all the time! >> the california highway patrol says the crew got all permits and no laws were broken. don't get any ideas. >> that is remarkable. >> michael finney is here now to answer questions you sent him. and this firgs one is from a twitter user and asked how to apply to receive preapproved credit card offers? >> we normally get how do we stop these? actually how to apply for them is the same way you apply to get out of them. let me give you a web site here. it's opt out -- opt out prescreen.com. there is some fake ones that are cles to this so be very careful. you can opt in, opt out of everything five years or opt out for the rest of your life.

so you can get a choice. >> a twitter user how can consumers find out if cell phone data has been requested?. >> this is really a timely question. if you read this thing in the "new york times" over the weekend, they requested information and found out that police agencies asked to see cell phone records 1.2 million times. let me say that again. 1.2 million times, we thought for terrorists but it's being used for a lot more than that. and there is police give them to the phone companies and the phone companies considered them so questionable they're turning them into the fbi. they want to know what these guys are up to. how do you find out? you can't. there are no law that's say have you to release it. a few laws police can deal yait it so long, you'll never

find out. >> now, information i want you to know about. you get a short term installment loan from money mart on loor mart from 2005 to 2007? because if you did you may be eligible for repayment of most of the interest fees and finance charges. the settlement is part of a 2007 lawsuit against pay day lender who's unfairly targeted low income borrowers with high rates. you have until october 12th toj make this claim. get on it. for more information there you go. >> that is important. >> thank you. >> and finally a bit of relief for parts of the country cooking in a record heat wave. blistering 100 plus degree temperatures have just given way to hot 90 degree temperatures so there is some relief. some cities saw 15 degree

drops on thermometers in just one day. and welcome to be sure, at least 74 deaths have been attributed to this. bad news is that the cooler temperatures caused thunderstorms and thousands without power, then, this electrifying moment in texas. >> and that is scary. a bright flash and a loud clap of thunder, some players running for cover. take a look at that. and the lightning hit just north of the ballpark. one player dropped to his knees and another, screamed. the game delayed until skies finally cleared. boy that will get your attention. >> get your heart rate up, won't it?. >> let's get another check of our warming forecast. >> there is sandhya patel. >> i want to show you video if we have it. just minutes ago we'd told but

a possible funnel cloud or a tornado. there is looking like there was some rotation. but our assignment desk just confirmed that the forecasters there are saying it's just sheets of rain coming in. there are thunderstorms in the area. that is going to continue. from about dc area across atlanta, even out towards desert southwest, thunderstorms remaining in the forecast for tuesday. you notice temperatures are cooler, 89 in atlanta. 09 in st. louis. hot here in the western u.s. and heat warnings in effect for deserts of southern california and areas. you'll notice red in the pacific northwest. and 108 and 103 in chico.

here in the bay area, we're expecting hot weather as well. 99 in antioch. up to 90 in napa. 72 in san francisco. fog preventing you from get toog hot at the coast. 90 degrees in san jose. it's going to be two days of temperatures that are close to 100. if you live inland hopefully you have a cool. >> coming up next on abc 7, 19 hours coast to coast. how one person kept hundreds standed for hours. >> there is testing our phones here. >> friends text you and soon, your train will, too. coming up, technology to help you get where you're going on time. >> and there is a controversial law that sent

fists flying and tempers flaring outside of this florida courtroom. stay with us. here you go little man.

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you! [ giggles ] ♪ the one and only, cheerios a trip turned into a nightmare flight for passenger as board a spirit air lines jet. all that happened after an elderly blind man through a -- threw a tantrum, reportedly began kicking and screaming in mid flight. the pilots had to make an emergency landing to get the man off the plane. the aircraft then sat on the tarmac for hours with no air conditioning. passengers were furious after the airliner told them it would shuttle them from texas to florida by bus. >> went no! no way. no way. and they took them 25 minutes afterwards to come back and tell us they're going to have a plane for us. >> and they did make it to fort lauderdale, 19 hours

after leaving los angeles. spirit make gg by giving all passengers a full refund. >> and testing just wrapped up in the last hour for a new system making getting around on cal train easier. and abc 7 news shows how it works. >> if you're lucky you might catch an announcement your cal train is late. >> we don't have anything at all. >> this is realtime information by the end of the year, message boards will tell computers -- commuters how close their train is. >> there is a system in the tracks. so that combined with a gps is sent to our center. they do calculations to determine lotions. >> the first round is happening at stations this week from 10:00 a.m.

until 3:00 in the afternoon. riders are ready for the upgrade and say it will help them plan their commute. >> if i know a train is going to be late i can continue driving to work. >> anything cal train can do without delay would be great. >> i think the making connections from the train is an issue. so i'm like five, 10 minutes late for that connection making me late for work. >> the system will provide realtime information on the cal train web site as well as giving e mail and text alerts. >> there will be for commuter autos there is another round and the system scheduled to go live by the end of the year. >> and thanks for joining us for abc 7 news at 4:00. don't forget like abc 7 news on facebook and you'll make a

difference for bay area foster children. and cheryl jennings and dan ashley are here now. >> metal thieves still summer time child play's from a popular field. >> and a controversial law that sent fists flying outside of a florida courtroom. >> toasty temperatures on the way wr. and when coming up. >> good evening, i'm dan ashley. >> there is a crack down under way in one park after several pieces from the bleachers disappeared. >> these parts are presumably being sold for cash. it happened in one of the popular parts of yam skon used for soccer games, we are live with the story tonight. leanne? >> you know, dan, these events

are happening in the middle of the night or early morning hours. now, they're stealing alum anymore for cash but it's costing san francisco more. crocker amazon park is a soccer player's dream come true with several well groomed fields to play on. during the day, it's full of kids but odd things have been happening here at night. the supervisor represents the district. >> this is the worst i've heard. you have a functional play field and people are taking parts away. >> the braces that support the aluminium bleachers are gone. stolen. but ones on the other side of the park closest to geneva avenue, still there. two weeks ago an early morning crew found three dismantled soccer goals on the ground. they were presumably going to be picked up later by the