good morning, i'm cheryl jennings. >> i'm kristen sze. >> breaking news san jose just decided moments ago to sue major league baseball over the refusal to let the oakland a's to move to the south bay. >> reporter mark matthews joins us with the closed door vote. >> this is happening very quickly. they voted to approve the lawsuit. lawsuit has been filed just

minutes ago. in it, the city of san jose is going after major league baseball. the lawsuit names bud selig as a defendant and 30 teams that make up major league baseball. the city's complaint they have conspired to limit location by controlling location of the teams. the city of san jose wants the team and has promised a site for a new ballpark near downtown but the san francisco giants claim territorial rights to san jose. so far they have not ruled against the giants so they have hired an attorney to file a suit. >> this is all about economics. you have a city like san jose, tenth largest city in the united states to not get a baseball club. i could name the other cities for the same reason. they want the chance to

bring a baseball team to their city or county or whatever it may be. >> the study found a new ballpark on could pump $130 million a year in the economy. the mayor is considering legal action in the past but they have deferred to the principal owner of the a's. he a fraternity brother of bud selig and stuck to the idea of stick to the process. three-quarters of the team must approve the move into giant's territory. and selig made a committee to review that move but one of the members of the committee was corey bush, vice president of the giants. >> bud selig appointed a commission to look at this very proposal that you just mentioned, not once one, two, but four years ago to study the situation. >> reporter: he believes

major league baseball insends tends to study the issue forever and hence the lawsuit. that is why san jose is filing. we'll be calling on mayor chuck reed and contacting the giants to get the latest on the story. before you go. major league baseball has an anti-thrust exemption. doesn't it allow them to set their own rules on the come pe contingency? >> major league baseball thinks it does but it dates back 91 years. it comes from the idea that baseball, according to sources but they believe baseball back then was more than a game of a business. you would have a hard time making that argument now. that is why they believe major league baseball will settle the suited rather than push it to court in the past when the disputes coming up, the washington nationals when they moved

from montreal, they settled that. they necessity went to court. he wanted to hang on that exemption as much as they can without it being overturned in court. that is the feeling of their attorney here. by the way, the story first broke on twitter based on mark's information. this just happened at about 10:50. follow us on twitter our handle at abc7 news bay area. >> other top story right now the union city family grieving the shocking loss of a 6-year-old boy after he was mauled to death by the family dog. he had been playing with the pit bull type dog. amy hollyfield joins us live from union city with

more. >> reporter: police say children inside this house had nicknamed the pit bull chihuahua because he was so gentle but it made some neighbors nervous. >> he was playing in the backyard with the pit bull and several other children when the dog attacked and killed him. >> somehow during the course of horse play, it appears the young man might have tried to do something in horse play with the dog and the dog bit him one time, unfortunately on top of the head. >> it happened on elizabeth way. police say they are still investigating but at this time it looks like a tragic accident. >> from our preliminary investigation, it's a bit of mission tri-. the dog appears to be a family pet. many kids in the neighborhood play with the dog. there hasn't been prior issues of aggression. >> some of the neighbors

felt nervous about the dog's presence on the street. valerie was worried about her small dog. >> we hear it come out at night. it's banging against a fence and growling. we were concerned. i carry mace just in case. >> neighbors are large family with many children but she is coming to grips one of them is now gone. >> it's hard breaking. they seem to be nice little kids and then to find out one of them was mauled by the family pet. >> police say it's too early to say what will happen with the dog. he is quarantined right now and the family has indicated it doesn't want the dog back. there is a chance it will be put down.

happening now the chp is investigating a fatal accident in san francisco that is still tying up traffic right now. authorities say a motorcyclist was killed after colliding with a bus on southbound 101 at silver avenue just before 6:00 this morning. biker's name has not been released. it backed up traffic for miles. this is a live picture from the bay bridge toll plaza where even now, traffic is still backed up at the tolls, five hours later. it took some commuters more than an hour to get into san francisco from oakland. traffic is flowing smoothly now. >> this is frustrating, sporadic power outages throughout the bay area apparently because of the weather. in berkeley, thousand customers are without power. in san francisco, 200 customers lost power. that was down from nearly 2,000. pg&e says moisture in the fog this morning mixed with

dust on the lines and cause had had them to short out. >> developing news in san francisco where firefighters are on the scene of a construction fire. it's happening a 23rd street and potrero where construction is underway for a new building. the fire broke out this morning in the elevator shaft located on the seventh floor. crews got out safely and no one was hurt according to those on the scene. in sun any ni vale fire investigators are trying to determine how a person died in a house fire early this morning. they found a body in a charred home on central avenue. mat kelly is live at the scene. >> the street is still blocked off on central avenue. you can see firefighters are continuing their investigation into what started this fire that ended with a person dying inside the home. >> in this cellphone video captured the moment when neighbors realized it wasn't a routine fire call.

the fire engulfed the home on central avenue. after about ten minutes putting water on the flames, firefighters made a tragic discovery. >> we found a body lying in the kitchen. >> neighbors woke up. they kept it from spreading to adjacent homes. woman is described as a caring person who held a weekly prayer meeting. >> we're all really tight here. we'll be getting together -- you know -- celebrating each other. >> the coroner is expected here soon and help in identifying the victim and also the cause of death. nay this morning in walnut creek, a home undergoing renovation was destroyed in a fire. it broke out in sunnyvale. crews say it was fully

engulfed in flames. they managed to put it out in about 25 minutes and nobody was hurt. investigators are trying to figure out what started it. >> ahead, unprecedented details revealed about dozens of terror plots that national security officials have been stopped thanks to government spying programs. >> plus, a growing danger from a major wildfire near yosemite. scores of homes being

we know what started an out of control wildfire near yosemite national park. an unattended campfire is to blame. they ordered more evacuations this morning. hundreds of people have been asked to leave their homes. ever since it broke out it burned 1600 acres and 15% contained. they expect full containment next week. >> the world has avoided more than 50 terror attacks. that is what they claim from the top data collection program. katie marzullo has more. intelligence officials have declassified information about international spying programs and gave us real examples. and the collection of phone data does not violated your privacy as an american

citizen. >> in recent years, these programs have protected the u.s. from terrorist threats across the globe to include helping prevent the potential terrorist event over 50 times since 9/11. >> that is the head of the national security agency, general keith alexander. the deputy director of the f.b.i. gave four examples. he says in 2009 they intercepted an email from a frist tristd to a person in the united states. >> through a legal process he was identified. he was located in denver, colorado. >> the f.b.i. was able to serve a search warrant. >> in time, bomb making components and backpacks. he later confessed to a plot to bomb the new york subway system. >> another example was a foiled plot to bomb the stock exchange.

nearly half of americans says they don't approve of the surveillance program since snowden leaked their existence there is has been outrage over privacy. they say the phone company that is the same access to the data. >> nsa have the ability to listen to listen to phone calls or read emails? >> no, we don't have that authority. >> yahoo, law enforcement agencies made 12,000 requests for data. >> edward snowden is hiding in hong kong and some fear he will defect to china and give up secrets to china but snowden says he is not a spy. i want to remind you.

bart station in colma has reopened for passengers. >> you were following all morning when you were wearing your traffic hat. >> now i got the weather hat on. cooler temperatures, warmer tomorrow. here is a look at san jose and few spots of low clouds remaining. we will see warmer conditions come tomorrow. full accu-weather forecast coming right up. >> also, a drop in people smoking in the u.s.

new government survey this morning found the number of smokers in the u.s. dropped 18% last year. the smoking rate has been falling for decades. smoking is the leading cause of preventable illness and death in the u.s. cdc wants the have launched

a graphic ad campaign and they think it's partly responsible for the drop in smokers. >> it could be a lot healthier people, too, right? it's a brisk and nice morning. >> perfect day to walk. cooler temperatures all across the bay area. it will start to warm up tomorrow as we get ready for the first full day of summer. live doppler 7-hd, low cloud layer is moving out of the bay area and starting to burn off. we're going to see warmer conditions later on this afternoon but not by too much. here look from south beach camera looking north. we do have a westerly wind that is gusting a bit. we do have some stray high clouds out there, as well. lots of sunshine and right now in santa rosa, 68 degrees. napa, 71. concord in the upper 60s as well as los gatos.

union city, 61 degrees. we do have pretty desent look, breezy at times -- and by the end of of the week it comes summer. highs, 71 degrees right through santa cruz. 71 in san jose. 70 in santa clara. 61 in milpitas. half moon bay, breezy along the coast. upper 50s. 69 degrees in redwood city. 64 in millbrae. 62 in downtown. north bay, 70 degrees in petaluma. 74 in santa rosa. moving in to napa, 74 degrees with mostly sunny skies. heading into the east bay, 66 degrees in oakland. 55 in berkeley. 66 degrees in both newark and union city. 67 degrees in fremont. farther inland, we're seeing the warmest

conditions, 76 is our high in antioch and brentwood. 74 in concord. 72 in pleasanton. lows for tonight, a little bit chilly. it's a little chilly for my taste. pack a sweater, game day, giants take on the padres and game starts at 7:15. 53 will our start and 52 will be around 10:00 tonight. overnight lows, clouds will start rolling in a little bit and fog along the coast. 53 in fremont, 53 in richmond. as you start heading into santa rosa, it cools down to 48 degrees. here is a look at seven-day accu-weather forecast. we do have pretty warm conditions starting to come around -- how about thursday and friday, as well. 88 degrees by the weekend

around the bay. 76 degrees on saturday and sunday. monday we'll start to cool down fortunately. >> we're always talking about the heat. we got a little bit of go everything. >> i was watching in o my smart phone we have a smart phone app to keep you on top of the latest breaking news weather and traffic. it's really easy to navigate and use it to watch us it's a few seconds behind. looks like we're on break but pop up in a second. you'll be able to watch live breaking news as it happens here. we have a section for all those toys you want to share on facebook and twitter. it's very easy to downloading to abc7news.com/app. if you have the current app you will need to download the new one.

all right, still ahead, scientists have gotten to the root of what causes

>> coming up at 3:00 on katie's having a baby. >> also the bright idea oakland officials have that will make streets safer and how people the plan to keep the streets safer. >> and half an 4:00 world

news at 4:30 and then abc news at 5:00. game six at the n.b.a. finals begins at 5:30 and stay with us, after the game with our special guest, bob myers. >> how often have you thought bad hair day. average person has three bad hair days a week. >> especially in the fall. >> researchers this think they know why, it's the copper that occurs in pipes. >> so the residue builds up [dramati

[dramatic music] ♪ >> hello, and welcome to millionaire. kicking things off today is millionaire's self-proclaimed biggest fan. from moultrie, georgia, please welcome shawn sutherland. hey, shawn. okay, what makes you our biggest fan? give me proof. >> oh, in august, 1999, i fell in love with this show the first week it was on with regis philbin. i saw a lady going for $16,000 on a to kill a mockingbird question. saw it was multiple choice, it was real questions for real money. i fell in love immediately. i started keeping track of every contestant that was on. i saw every episode. if i was gonna be out of town, i recorded 'em. i got all of them. >> you need help. you need help. >> i need a lot of help. i need a million dollars. >> no, when i took over.