live from the kgo-tv broadcast center this is abc7 news. >> good morning, right now, the family of the oakland girl who is brain dead after routine surgery has taken a legal ten demanding doctors keep the 13 -year-old on life support. eric thomas joins us from the hospital. >> that is one of two big moves that happened this morning. the family of 13-year-old jahi mcmath is so afraid that children's hospital will try to take her off life support they hired a san francisco law firm

to write a legal document making sure that nothing like that happens. in another big development today, doctors performed a brain scan on jahi mcmath at the family's why for further confirmation she is brain dead and they still awaiting the results. it may now matter now if the scan comes back with the worst possible outcome they will push for her to stay on life support the i want a second opinion because people here will cover up because they work together. this is their hospital. they will try to cover up. something happened. >> this is a cease and desist leader to stop them from of month ago without our consent. if they move without our consent after having this letter in their hand they are creating more problems for themselves. the family has been making several statements on their

plans and her condition and as far as the cease is desist letter it is not clear how much weight that actually carries before both sides or either side goes before a judge. we will have to find that out, as well, but the hospital today did not make an official statement. they referred us to the statement from previous days. they are sad this has happen and promise add full investigation into determine how this happened and how she ended up in this position. >> happening now in the east bay, emergency crews have pinpointed the source smell complaints this morning. people living in martinez and surrounding cities complained of a strong gas smell. the refineries were contacted and there was a would maybe valve leak at the refinery. they say there is no hazard or health worries associated with the smell. >> we now know who owns the home that collapsed in san

francisco's twin peaks neighbor, a member of the building inspection commission for six years. this was taken on saturday and showed what the home looked like before the collapse. you can see what was holding up the building. nays -- neighborhoods are upset. now to twin peaks and what is happening right now. amy hollyfield? >> a dramatic scene. look what is left. it was a scary moment for neighborhoods. it looks scary. they think it is safe. they do not think it will shift. they do not know why this happened. many of the people what watched this house going up preparing for a remodel say they are not surprised. >> i thought the hill was pretty steep. it made me nervous. shocking. >> i would drive by and see the

retaining wall and it looked precarious. >> it made a loud crashing sound at 10:30 when it slid down the hill of the twin peaks neighbor. police and residents are thankful it happened at night. >> fortunately no one was under when it fell. if it fell when the workers were there there would have been deaths. this morning all cries are on the wreck an and several employees or on site and many wonder if correct permits were ordered, and if correct procedures were followed. >> this woman speaks highly of the developer. >> i sell real estate. this is very rare something like this happens. the developer is very good. >> he is mel murphy and was a building inspection commissioner. questions have been raised about whether he had proper permits if a project. someone from his office is on

site in morning but had in comment. the city's engineer also stopped by the site and says he doesn't think there is an immediate threat and neighbors can stay put but should take defensive action. >> i don't think there is any need for evacuation, the build ing on the south side or the east side, it may need to have plywood on the windows in case something happens. >> i just got off the phone with a spokesman from the building department. he says this was permitted for a remodel. there has been inspections here at the site and they are looking into why this happened and what to do next. >> developing news. we are waiting to learn the names of the six american soldiers killed in a helicopter crash in southern afghanistan this morning. according to the defense department, it appears the

helicopter engine failed. only one person survived the crash. officials say there were no reports of enemy fire at the time and it is the most deadly single incident if troops in afghanistan twins 2012. they were part of the nato led force. >> investigators want to know why there was a second fire at the same recycling plant in five weeks. the fire kurd after an explosion at the sims metal management yard. you can see the toxic smoke from the fire. our reporter, matt keller, joins us live. >> the fire is." you can see how hazy the sky is around sims metal management this midday with air quality officials measuring contaminants in the air and firefighters are still here with equipment and after battling the fire. >> it felt like deja vu at the sims metal management a four at the recycling plant was sparked before 1:00 o'clock a.m. this

morning and the second fire in a little over five weeks and police blocked seaport boulevard to keep people out of the toxic smoke. hundreds of employees on the early shift at the office park near sims metal management could not get to work. >> there is only one road connecting us to the campus and there is nothing we can do but for kayak. >> the fire burned a huge pile of appliances. at 6:30 our camera captured flames from a second fire. firefighters believe the embers sparked the fire that bound three cement trucks. shelter in place advisory was issued telling people to shut the doors and windows. the city leaders are weaponed this happen at the recycling plant so quickly. >> it is great concern to our entire community. it is one of those things, an issue we have to look at,

evaluate. our fire department is overseeing all applicable fire code and making sure they have contingency plans. >> sims said printing a facility of this sides has risks but they have implemented a number of improvements at this facility. the poor air quality is wearing down people living near as they wonder how another major fire could happen is quickly at the plant. >> my mom is 76 and she sures from asthma so this is a "spare the air" day and it has been that way for a week so she is having a hard time. >> we need to understand why the fires are happening as much as the public would to be told. >> the advisory to shelter in place is lifted and now investigators are look at the surveillance video at the time of the explosion to see if they can figure out what sparked the fire. >> fire broke out at the same plant in a pile crushed cars.

that fire you can see the smoke, triggered a health advisory because of the thick smoke for san mateo and santa clara counties. it took 19 hours to put out the fire. sims had a similar fire in 2007. firefighters reporting slow progress from the front lines of a 500 acre wildfire burning in big sur with the blaze in the national forest is now 5 percent contained after destroying 15 homes. katie marzullo has the latest. >> home that is lost belongs to the teach of the big sur volunteer fire brigade. >> i walked out the door to go to a fire somewhere else, i thought, and there were fires. >> this area has not burned in 100 years so it is a fuel driven fire. the terrain in the national forest is steep and rugged and hard to access. it has been a hard fight sin it broke out on monday at midnight but firefighters are making some

progress. >> today, our main goal is going to be structure protection with all of the residents in and around the fire area and establishing our controllines and anchor points around the fire. >> cruise are protecting 200 homes and 20 commercial buildings still in harm's way but the weather is on their side and a spokesman tell me it would take a major shift if the structures to actually burn. the threat is enough that dozens have been forced from their homes and others are standing by ready to do the same. >> we already have some suitcases packed if we have to leave. we are just waiting for them to tell us. >> a island fire in december is unusual but not surprising given this is the driest calendar year on record in california. investigators are looking into the cause of the file. katie marzullo for abc7 news. >> president obama is meeting with the biggest names in tech including heads of google, apple and twitter in washington, dc,

just a day after a federal judge said he believes the national security age's connection of telephone records is probably unconstitutional. the technical industry has criticized some of the most high from file n.s.a. snooping programs and says the president and tech leaders will talk about that issue and they are talking about cyber security and the rollout problems with the health care website. >> still to come the n.r.a. fires back in legal action against a bay area city. >> and a battle over the picture of an angel for former. charlie's angels star. >> the first lady of rock is among the old school munitions recognized today by the hall of familiar of rock and

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the press has filed charges again the man arrested during a protest over the deputy involved killing of sonoma teen andy lopez. a 30-year-old is accused of assaulting a santa rosa police officer with a protest sign during a city hall protester. he threatened two officers and did not follow their orders. he faces seven years in prison if convicted. >> the national rifle association is suing sunnyvale claiming the newly passed gun control ordinance which bans clips with more than ten rounds

is unconstitutional. it is actually the second lawsuit against measure c with the first filed bit owner of the only gun store. a san francisco law firm has agreed to represent sunnyvale if free. city leaders will defend the ordinance against all challenges. a high school basketball team will honor the teen set on fire on an a.c. transit bus last month. oakland high school basketball team will wear neon blue shirts with sasha fleischman's name on the back. the athletic director says the colors represent the gender neutral community and sasha fleischman was wearing a skirt at the time of the attack and did is not identify as male or female and the 15, 16-year-old richard thomas faces felony assault and hate crimes enhancement. >> now the legal battle in los angeles over a portrait of farrah fawcett that could be worth millions. a jury is deciding if this painting belongs do her long

time love, ryan o'neal or the university of texas at austin. her friend and former charlie angel's co-star host broke down in tears and believes it should go to the family. >> as her good friend who has known her way before charlie's angels, i really feel she would want that portrait with ryan. >> 28-year-old son is their only child. she was 62 when she died in 2009 and left her art work to the university of texas where she studied but andy warhol promised the painting to i. >> it is murky out here and you cannot see downtown oakland and barely see the port, the worst in a long time. we will give you an update on when the "spare the air" is lifted with a chance of sprinkles and cooler winter like

temperatures in the forecast. >> now, we are getting our first look at the next high flying google project in the works, in silicon valle

[[man] it's nothing but tape... [woman] it's a block. we're havin' a baby! [laughter in background] [woman screams] are we havin' a baby? [ambient crying and laughter]

covering daly city, dublin, los gatos, this is abc7 news. >> the controversy over google's private plane is taking off as we look at a project, ground breaking is expected next month at san jose international airport for a separate airport there for google and other tech leaders. the $82 million jet center will

have 270,000 square foot of hangar space for the executives. san jose international airport will make $3 million a year from the lease. >> you may have noticed kristen and i are in a different environment, broadcasting from the newsroom this week. >> all these folks are co-workers preparing the newscasts and we are getting the lighting upgrade so it is nice to be in a, working newsroom. >> it is cozy. >> mike nicco is in his usual haunt on the work. >> hopefully we will stay here for a while and watch the cleaner and cooler air roll in. nice to see you, everyone. the last 24 hours with a fire katie was coughing is interesting if you look at the satellite view, that is the national weather service that covers our area tweeted this. you could see the city lights and the fire, yesterday, not so much. today, look how it erupted, putting or more light than

themont try city lights. humidity is low at 26 percent but the wind is the big factor and still light from the southwest and blowing to the east and northeast at three miles per hour with gusts up to seven miles per hour. at least it is not as windy as it could be or will be on thursday. hopefully it will be under control by then. it is hazy out here and visibility is showing unlimited only at fairfield, and eight miles at half moon bay. it is yucky looking, really, is the only way to describe it. 60 at woodside, the warm spot. and 50 at foster city and everyone else in the mid-to-upper 50's. we are in the 50's everywhere but for 68 at half moon bay and saab that rose at 63, and 59 in los gatos. this is how it looks from sutro tower, mount diabolo is looking above the haze this morning and maybe the east bay hills if you

lucky but you cannot see along the east bay shore so we sitting in the middle of this poor air quality. it will be warm again today and warmer-than-average and the cleaner air is tomorrow with a wind shift and cooler weather is thursday and friday and a warming trend this weekend. look at this from mount tamalpais, it is cleaner than half an hour ago but you could barely see sutro tower and can you not see san francisco whatever. that is why we have a "spare the air" day because of the poor air quality. it will be worse forecast for the east bay and santa clara valley. across the east bay valley to mount diabolo, nothing to see but brown and gray smog. we are alonging at san jose and this is what going to happen temperature-wise, we will be six to ten degrees warmer-than-average. our temperatures will hang out in the mid-to-upper 60's and possibly 71 at cloverdale and santa cruz and 70 for the warm

spot. the marine layer is back and temperatures will be milder tomorrow in the 30's and 40's and the area of high pressure is going to be split by that cold front and it will bring us another mild day and then the front will bring us the onshore breeze and the cooler weather tomorrow and winds are possible wednesday evening and thursday morning. look at the temperatures, ten degrees cooler and with sunshine breaking out in breezy conditions on thursday it will feel cooler than that and possibly a freeze inland friday morning and temperatures rebound, above average, low-to-mid [sic] saturday, snub, and monday, and saturday morning you would see there at 9:it will, winter will start although it will not feel like it. it is murky out here. >> coming up this morning, we know the big names inducted into the rock-n-roll hall of fame,

linda ronstadt will be honored after selling 30 million albums. she revealed in august she could no longer sing because of parkinson's disease and will be welcomed into the rock hall in april in brooklyn. others include kiss, peter gabriel, hall and oates, cat stevens. the 29th ceremony is open to

to those who've been waiting welcome to covered california. the place to find quality, affordable coverage, and nobody can be denied because of a pre-existing condition. enroll today at coveredca.com. >> couple up at 4:00, "7 on your side" wants to help save money on your taxes with michael finney. all of us here in the newsroom, thank you positively

[dramatic music] ♪ >> yeah! oh! oh! oh, buddy, what's up? you got one up. what's up? what's happening? how you doing? >> hi. great to be here. >> how are you, dear? >> very good. thanks. glad to be here. >> yeah. yes. i am cedric the entertainer. and welcome to millionaire. today's contestant says she is the most hated woman in america. oh, boy. from new york city, please welcome elita bradley. what's up, elita? how are you? >> i'm doing great, cedric. how are you? >> how could you be the most hated woman in america? not you. tell me. >> you hate me too. trust me. >> why? what is-- what's going on? >> because you know that voice on the telephone when you're