ople would need a ride to theairport. the lawsuit could have a big impact on the drivers. also, on the whole on demand economy. today, in district court in san francisco the judge will decide whether to grant class action status to a lawsuit filed by three drivers. they are suing uber for misclassifying them as independent contractors rather than employees saying they are employees and should be reimbursed for gas and car maintenance and other expenses. uber file a motion in federal courting aing it is more than 160,000 drivers in california are independence contractors not employees. uber saids thering the suit forces them to change their entire business model. if the judge granted class status uber has to deal with 160,000 uber drivers this california rather than the three drivers listed in the country lawsuit which could lead to the company paying daps to all the drivers that could cost hundreds of millions. the hearing is scheduled for 1:30 this afternoon.

>> a plan to bring uber and lyft for los angeles international airport hit a roadblock, l.a.x. would be the largest to allow the on demand companies. city leaders want to look at the proposal and background checks. yesterday, the taxi industry released documents revealing four uber drivers ticketed at l.a.x. have criminal back grounds that with bar them from operating a cab. >> firefighters have gained ground on a clear lake fire but could have hotter temperatures today. the rocky fire burned 69,000 acres bigger than sacramento at 30 percent contained. 43 hems and 53 outbuildings are destroyed. 7,000 structures are threatened. thousands are people are not able to go home. >> we are getting tired. real tired. this is like our third time,

third time living in that area. we were prepared. we knew what to do. we are still worried. >> cal fire helps to have the fire kind by monday because of the nonstop efforts ofabilities attacking the flames from the sky. cornell bernard reports. >> cal fire air tankers returning to base at eight days of fight the fire. >> veteran pilot said in the 40 years of doing air drops the rocky fire has been the worst. an inferno with a mind of its own. >> one of the fires that did what it wanted to do. it was really hard to get. >> the manies could be unsung heroes of the firefight. this former military aircraft used to chase submarines and now drops up to 1200 gallons of retard ans from the doors that swing open like a kitchen

cabinet. >> it is time to drop i put my thumb on the but the top and press. >> it is red so the pilots can track the drops but wind and smoke can work again the tankers. the supervisor flies if this plane controlling the air person firefight including the dc help 10s. you can is three or four or five airplanes and multiple helicopters and you want to make sure everyone is safe. >> it only takes two minutes to refuel lanes with retardant before they are back in the air. >> it costs the taxpayers a lot of money but we saved a lot of homes. we last homes and outbuildings. >> the fight to stop the fire begins at sunrise. >> nasa has released pictures showing how the rocky fire looks from outer space captured on monday by a satellite.

>> it helps put and perspective how large the nearly 70,000 acre wildfire is. >> the wragg fire that pupped 8,000 acres in napa and solano is 100 percent contained. the fire break out two weeks ago in rugged terrain southeast of lake berryessa destroying two sheds ask damaged one home. >> authorities say the man behind the suburban nashville movie theater attack has significant psychological areas. vincente montano was slot and killed yesterday after pepper spraying several people in the theater and cut a man with a hatchet. the 29-year-old was institutionalized four times for mental health issues. he had a string of arrests and was thought to be hopeless and reported as a miss person in a town 20 miles away two day before the attack. >> police released photos of republicans they say vincente montano carried, the hatchet and a gun that looks like a real gun. >> this latest attack is raising concerns about security here in the bay area.

some local moviegoers say guards are needed and possibly security checks. former f.b.i. agent risk smith believes metal detectors should be used like they are at at&t park. >> it can continue to ignore and blow it off and say it is not going do happen here or to me or here. it can. >> added security will come at a cost to these they are owners. one detector can run between $3,500 and $7,500 not included installation training or staffing. >> the jurors in the colorado shooting could begin deliberation a sentence for james holmes by today. the 27-year-old was convicted killing 12 people during the 2012 attack outside denver. the prosecutor is punishing for the death sentence. the jury could also give him life in prison. >> a pittsburg police officer is recovering after being wounded in an ambush with a suspect. the confrontation happened at 11

o'clock a.m. yesterday weapon the officer spotted a 49-year-old map from bay point wanted for trying to kill his wife in concord open tuesday. he ran and when the officer rounded the street were why the suspect shot him in the leg. the officer fired back and hit the suspect. >> man was left in the street, shot pleading, out of the stomach. >> officer was treated and released. the suspect's injuries are not life threatening and taken to the hospital and arrested. >> new details on the search for malaysia airlines flight 370. the country's tropical storm port minister said new debris has been found including a window and some aluminum foil on an island in the indian ocean but the minister cannot confirm if it belongs to flight 370 which disappeared with 239 people on bar. family members say they need definite answers after conflicting emergencies from

malaysia and france whether the wing part found belonged to the flight. hillary clinton will attend a breakfast reception in san francisco. we were above agenter top where hillary clinton met with donors at a private home pay $2,700 to attend. this morning, san francisco mayor lee and former state assemblywoman will host a fundraiser. tickets are sole out. clinton heads to los angeles later for another fundraiser. >> ahead of the republican presidential debate, donald trump is facing new questions of his ties to democrats and whether he is too cozy with the clintons. the g.o.p. debate is held in cleveland with donald trump and nine candidates including job bush, scott walker and ben carson starting at 6:00 people our time. a crowd of 5,000 will be there to see it the largest crowd in debate history. >> federal prosecutors say lawyers for raymond "shrimp boy" chow violated a court order in

releasing documents tied to their community's racketeering case including experts from wiretapped conversations and information about people would have not been charged with a crime. his lawyers contend the documents include evidence that f.b.i. agents suspected san francisco mayor lee had taken bribes but was never damaged. also, evidence showing their clint is being select every prosecuted so chaps could be dropped. federal prosecutors say the confidentiality order was end interested to protect innocent third parties. >> the biggest music events of the year starts tomorrow in golden gate park for the festival, outside lands featuring three days of music comedy, food and other attractions at the polo field including mumford and sons on friday, and black parkways on saturday, and elton john on sunday. there have been problems in the past pause of traffic. amy hollyfield will be at the top of the hour with how they

will hopefully avoid trouble this year. >> helpfully the weather will not be hot and humid like we have had. >> it will be different. it will cool just a little bit. good morning, everyone. speaking of cool temperatures, 62 near the rocky fire and humidity did not rebound much at 56 percent and winds around three to four miles per hour. the fire now is as big as sat lake city. the next 24 hours the winds pick up as we are going to get a rush of marine air and it will calm down through the lunch hour and pick up again during the afternoon and evening hours. it will be more humid today. it will be hotter today. and it will be more windy the conditions are going down. here is a look at golden gate bridge west win at 11 miles per hour and no clouds right now. we will see an increase in clouds through the morning commute. speaking of increasing clouds that is with we will have so the temperatures and the humidity. 85 to 95 in the north bay and

inland east bay and 67 at the coast to 74 in san francisco is above average warmth and clouds and humidity and 76 around the bay to 85 in the south by. here is how it looks from east baylies camera the best chance of a showers and storms tonight and increasing sunshine tomorrow and through the weekend. >> good morning, everyone, as we look at san jose, the drive through the south bay is quiet and you can see 87 near julian street moving loan with a couple of vehicles in both directions. and san francisco we do have an accident in the clearing tapes but, still blocking two hips westbound credit at highway 101 as you make it up to the skyway you fine it off the bridge. as you get closer to the 101 extension. 280 is looking clear headed up to king street. drive time traffic i-80 westbound albany to the maze is five minutes. 880 southbound from fremont to san jose is 14 minutes. 280 northbound from 101 to keep family is 11 minutes.

>> next a surprising about face from the postal service with the damaged willing in the north bay being saved from the wrecking ball. >> police accusing of betting children they were supposed to watch over. stay tuned. for over 60,000 california foster children, having necessary school supplies can mean the difference between success and failure. the day i start, i'm already behind. i never know what i'm gonna need. new school new classes, new kids. it's hard starting over. to help, sleep train is collecting school supplies for local foster children.

bring your gift to any sleep train and help a foster child start the school year right. not everyone can be a foster parent but anyone can help a foster child. let's mobile. same plan. new phone. or a new plan. and a just in case. add a new line. or three. and unlimited talk and text for unlimited tweens. take a carrier store detour at target and upgrade to a shiny new everything. all things mobile. all in one place.

>> covering santa clear, san francisco, east bay, and all the bay area, this is abc7 news. >> welcome back at 4:43. four police officers charged with beating children at a boot cap are out on bail this morning. investigators say 15 boys and girls were beaten cut and bruised at a national guard base where the cap was located. the kids ranged in aim from 12 to 17. investigator say one child had broken fingers.

the officers were drill instructers for kids with behavior remembers or discipline problems. >> each officer he was charged with a physical any -- physical any, like a thug beating up little kids. >> investigators say video and photo graphics become up the abuse claims. the officer are all from southern california. >> today marks the 70th anniversary of the atomming bombing of hiroshima japan. >> more than 40,000 people observed a minute of silence at a ceremony at her row shape's peace memorial park near the epicenter of the 1945 attack of the the bomb killed 140,000 people. it was the first nuclear weapon used in war the three days later a second bomb dropped over nagasaki and killed another 70,000 people prompting japan's surrender in world war ii. >> 4:44.

the a's will honor the memory of fallen hayward sergeant scott lunger with his father and two daughters taking part in a first pitch before sunday's afternoon game against the astros. risky henderson will catch the ball and the king was sergeant scott lunger's favorite player. the a's will hang a jersey with his badge number 106 in the dugout during the game. he was shot and killed during a traffic stop two weeks ago. >> the historic post office in downtown napa damages in the earthquake lat area will not be torn down afterally. the postal service said the building will be sold on the condition that the buyer agrees to repair the structure and retain the architect you'll integrity. a public notice of the intent to sale has been posted open postal properties in the region. in early july usps said it would cost $8 million to repair the damage but only $500,000 to demolish the building. >> police are watching drivers this could be a lot of traffic

around levi stadium on sunday. the 49ers are expect 20,000 fans to attend the afternoon public practice. police say the drive is open to through traffic between noon and 4:00 p.m. and great america next to levi stadium will also be open. tickets for the practice were given out to fans who registered last week. >> if it is too hot at the stadium you can go over to great america with the boom ring water pack right? >> take a >> they will get you go in the ice buckets. an added benefit. my 88. a last sunshine. you know how levi stadium can get. san jose is 64. santa clara is 60. same in campbell and cupertino. mountain view is 63. milpitas is around 62. we have 58 at los gatos and safer together and los altos

hills. half moon bay is 54. redwood city and newark and alameda and danville, all at 62. lafayette is 63. novato is 60. we are up to six or seven degrees warmer than yesterday especially inland oakland and san francisco are the exceptions you are cooler. the visibility has no real marine layer but for language the -- along coast. only mountain view, sfo and oakland are reporting wind. it is light. it is variable. clouds, the high clouds developing into the south bay that is still happening but here is the low we talked about encroaching on our neighborhoods and when it does, it is going to borrow more moisture from what is left of girl me and -- is left of guillermo. we have increasing clouds through the day. the evening commute is dry. headed into the 10:00 or 11

o'clock hour you can see the scattered showers and storms videoing. they will hang around through action east and then by 9:00 they are gone. the quick moving system and that spread you saw there that is bigger than probably what the coverage will be the grid on that forecast model is wide. mid-to-upper 80s in the south bay today with 85 in san jose can cupertino and low pressure 80s most of the peninsula and millbrae is 78. we will neither with 70 degrees along the chest to mid-70s in downtown south san francisco and sausalito. and money 80s through the north bay develop and long the east bay shore it will be stuffy with upper 70s to mid-80s and our warmest temperatures are air conditioning weather low-to-mid 90s because we will have a town of humidity on top of 90. my seven-day forecast shows the low passes and it drags in some cooler and dry air with temperatures falling below average tomorrow and rebound close to average with morning clouds and afternoon sunshine saturday through wednesday.

leyla? >> it does not appear that san rafael is a handful with 101 driving up to 580. traffic is light. closer to the golden gate bridge you can see fewer cars are move into san francisco northbound traffic not too shabby. we have not seen the zipper truck but i will let you know. we have an accident in san francisco, a crash that now is blocking two lanes and now we are starting to see slowing, westbound 80 at the skyway at the central freeway so you could see that slowing increase with the lanes continuing to be blocked any longer. as we take you to the altamont pass, 28 miles per hour leaving tracy up to 580 and 205 emergencying and the pass it is slow speeds and you get to vasco and you will be on your way. >> facebook is jumping into the streaming crazy. here are today's tech bytes.

>> we will have it after the break. >> reading to director chip, more important then you may thing, the positive sign that it can actually transform their brain. >> if they go can they come back how to prevent people going to burn machine from ever running to the bay area. stay tuned. aha! oof!

weee! slurp. mmmmmm. cinnamon. milk. cinna-milk. cinnamon toast crunch. crunch! crave those crazy squares. cinna-milk!

>> the oakland fire department get as financial boost. the department is receiving a $5,200 grant to help with training. two insurance companies are partnering to present the award. the money is used to train firefighters in leadership roles. officials say the goal is better preparation for taking command during a major incident. >> the burning man festival begins end of the month. as it becomes more popular and

mainstream, the haters have green in numbers. >> a man has created a website complete with video and joke appeal for crowd funding support to build a wall that is right a 300 mile long wall from point reyes to santa cruz that blocks burning man attend yeses from coming back to the bay area. the user name is cultivated wit asking for $7 billion to construct the wall during the weak of festival. top donors can use the see meant mixer for an hour as a thank you >> this is a bigject, -- a joke. >> using the cement mixer is something they think will entice people. >> your reward. >> the mixer is not that fun. >> dropping to 65. astros take on the a's and we could make up ground if we could

get a couple of wins. sun will set at 8:13. fire weather watch through the central valley to the high country as the thunderstorms rolling through tonight and tomorrow morning with a lot of dryness. that could spark the fires. 84 in los angeles. increasing clouds and 80 in lake tahoe. 93 in yosemite. the storms hit there this evening and the afternoon hours. fair me is -- guillermo is looking bad and falling apart. it will be gone by saturday if you are headed to the hawaiian isles. >> ace train has in delays, and muni has in delays. drive time traffic 101 southbound from santa rosa to san francisco is 51 minutes. through the santa cruz mountains, northbound highway 1 glue los gatos is 21 minutes. we have an action in san francisco blocking a couple of lanes on the skyway with delays

by the industrial freeway as folks come off of the bay bridge. headed into the east bay we do not have delays. facebook is jumping into the video streaming crazy. -ness. >> here is a stream from new zealand but you have to be a celebrity to use this. >> facebook said this allows them to spend to messages from fans. >> target wants do make sure that targets did not miss a deal testing new technology across the country to allow smart 15 users to receive instant alerts based on movement inside the store. >> gameers get ready for a music superstar working on a new game to be played on your mobile device. >> she signed with the company that made jimmy kimmel's wildly

successful gaming app and is available next summer. >> there you go in the tech bytes. >> if you work for a company that does contract work with the federal government you may get a new benefit. president obama is considering an executive order requiring all federal contractors offer employees paid sick leave. sources to the sored press say the order is being drafted and will require seven days of paid leave for workers who are sick themselves or taking care of other ill relatives. the president urged congress to take up the issue. >> this morning more proof that reading to kids is a good thing. >> brain scans reveal that reschoolers whose parents read to them regularly show more activity in key areas of the brain look at mri scans to measure real time brain activity in 19 children age 3-5 as they listened to stories and to sounds other than speech. reading sparked their imagination and grabbed their language skills.

the study in the journal of pediatrics. >> devastating battles over frozen agrees and the bay area doctor fighting for the chance to have children opens up about the legal tug of war with her ex-husband. >> the preparation underway to honor an 8-year-old girls would life was cut tragically shortstay hey there fellow californians i know you're staying golden by managing your energy use... which means managing water too sfx: rawr especially during a drought. learn to save water, energy and money at energyupgradeca.org

looking for one of these? yoplait. smooth, creamy, and craved by the whole family. happy anniversary to me it's safeway's anniversary... happy anniversary to me but you're the one who's gonna save some serious money. happy anniversary to me right now with your club card usda

choice ribeye steak is $7.99 a pound 32-ounce gatorade is 69 cents and select quaker cereal is $1.49 happy anniversary to me. safeway's huge anniversary sale! it's just better. >> live from the kgo-tv broadcast center this is abc7 news.

>> a few seconds away from 5:00 a.m. on thursday morning august 6. thanks for joining us. >> i am kristen sze and it is great to have you. >> save a trip to the east coast, it will feel like that. >> if you like it warm and muggy this is the place to be. >> recurring theme of the forecast during the summer. good morning everyone, we are watching the partner layer along the coast which has not moved east. it will try the next couple of hours. you can see it is going to be dry on live doppler hd. until then, the day planner is starting off in the 60s and warmer this morning and helping up near 70 at the coast, 80 around the bay and 90 inland by 4:00. leyla? good morning, everyone. if you are just waking up with us here is a look at the bay bridge toll plaza and cars are start, to slow a little bit more as they come in from the east bay to san francisco so we are seeing a few extra vehicles making it in the westbound direction. i told you