>> reporter: opening statements expected today in the civil trial of hans reiser, his children are suing him. coming up in a live report i'll tell you what is expected in court. >> cash only for cannabis. why medical marijuana clubs will not accept credit cards. >> and president obama stopping in the bay area again, this trip will be a little different. find out where he's stopping. >> a live look outside this morning. will you be able to see the golden gate bridge? not if he comes to town now on this tuesday, july 10th, this is "today in the bay." >> good morning everybody. it's just about 4:31 on a tuesday morning.

i'm jon kelley. >> i'm laura garcia-cannon. let's check the forecast with meteorologist christina loren. we couldn't make out the golden gate. >> you'll be able to make it out later on. we have a great looking day shaping up especially bayside and by the coast. but it's going to be downright hot. 100-degree weather in some of the east bay cities where it will be the warmest. we hit the 90s yesterday in livermore. we're headed toward triple-digit heat. make sure you're ready and it's a spare the air day. so keep that in mind. 4:31. here is mike and your drive. >> spare the air but no free rides, try to carpool or take mass transit. a lot of folks reducing it to one lane. that's the biggest impact northbound 101, sounds like some of the temperatures. 101 through palo alto, we have construction restricting you to one lane. no slowing. a few cars on the road right

now. similar with the dumbarton bridge, construction crews but no slowing at the scene as they continue overnight road work. and south, 85 has crews. the transition onto 85 in either direction, you can use 237 getting onto the same highway and 101 or the fremont entrance. things are moving on other roads. that's a smooth drive for the south bay. >> no question about it, this one was one of the bay area's biggest murder trials. >> now the defendant hans reiser is back in court facing a wrongful death lawsuit filed by his own children. christie smith has new details. good morning. >> reporter: good morning to you. jury selection continues today and then opening statements are expected in what is bound to be a very interesting civil trial. as you said hans reiser's own children have filed a wrongful death lawsuit against him for

the conviction he got for killing their mother nina in 2008. the children are suing for $15.2 million in emotional damages. the case had been started as reiser filed motions to delay claiming he didn't have proper access to documents while he was in prison. he also said in a handwritten note that he mentions that he killed nina in order to defend the kids from harm. the children's attorney spoke with us. >> the children had a very close relationship with nina as a loving relationship. there was nothing inappropriate or unusual about it. they loved their mother and their mother loved them. there was no reason for this to happen. it's suggested it's done to benefit the children is ludicrous. >> reporter: reiser has subpoenaed his own kids to appear but they are living in russia and it's doubtful that they would come. he is also acting as his own

attorney. reporting live, christie smith, "today in the bay." >> a second suspect in a bay area triple murder now facing extradition this morning. wilfredo reyes in jail down in north carolina an area where investigators say he has been hiding out for four years. he is wanted in connection with the murders of tony bologna and his sons. >> it's been very hard for them that one of the individuals responsible was still out there, so to hear this news was a great relief. she was really pleased. >> reyes' alleged accomplice was convicted last month in the murders. ray moss claimed reyes was the gunman. the san francisco d.a. working to bring reyes back to the area to face a list of charges including three counts of murder. >> president obama will make another fundraising trip to the bay area but this time there's a twist. for the first time since taking

office, the president will host an event in oakland. mr. obama has been a frequent visitor to the bay area in the past months collecting millions in donations. but it's only been in san jose along the peninsula and in san francisco. in two weeks on july 23rd he will host three fund-raisers in oakland including a stop at the historic fox theater. tickets range from $100 up to $35,000. a second group has filed suit on the placement of the governor's tax initiative as a top item. the first suit was thrown out. an attorney arguing her group filed petition signatures ahead of the governor and should be higher on the ballot. the judge rejected the claim but the taxpayers association filed a similar challenge. voting experts say ballot placement is important because voters tend to pay less attention to lower items.

>> members of the occupy farm movement trying to get the albany city council throw out a proposed mixed use project. this is called the university village and is slated to go up next to a piece of land called the gill track that is the center of this controversy. uc-berkeley owns the land and this spring dozens of protesters took it over and planted crops out there illegally. they were removed by police but then they broke in this past weekend to harvest the crops. business owners voicing their concern. >> i just want to say that i would rather have you be remembered for many, many years as doing something inspiring that would get global attention of feeding the people and saving some land rather than paving it over. >> occupiers say the goal is to have the city leave the land alone and use it for community farming. >> cash only for cannabis. credit cards being denied at

california medical marijuana dispensaries. the federal government is ordering banks to no longer process transactions involving medical marijuana or face heavy fine. a handful of pot clubs have always been cash only, so the new policy really won't affect a lot of them. but or other clubs their customers will now have to carry cash. >> pg&e claims it has new technology to help prevent another pipe line disaster. the company will begin using a 14-foot long machine called a smart pick to inspect lines. the utility plans to inspect more than 200 miles of pipeline this year and will continue the inspection for the next three years. in 2010 a damaged weld caused the pipeline to explode in san bruno. it killed eight people, destroying dozens of homes. >> sizzling temperatures causing the summer's second fair the air day today. bay area managers recommend

cutting down on energy use during the hottest part of the day today when air quality will be unhealthiest. leave your cars home, try carpooling, taking public transit or walking. residents are asked to avoid using anything gas powered like lawn mowers and barbecues. so gardeners, take the day off. >> 4:38. christina loren says good time for a spare the air week. >> it is because a lot of people are going to be inside with their air conditioner later on this afternoon. one of the hottest days of the summer so far. it depends on how hot it gets. it's going to be 10 degrees warmer in most cities so a significant warm-up even from yesterday. wasn't too bad in san jose yesterday. we made it to the upper 70s. livermore hit the 90s and we've got triple digits on the way. this morning, though, crisp for outdoor activities. you get the best air quality of the day right now as more cars-at this time highway, this evening it makes sense that that will be the worst of the air

quality plus that's when it's the hottest. and we have the sinking air. so i want to point out moderate air quality everywhere except for the east bay where it gets the hottest. things are working out as per usual for once in the weather department. 100 degrees at 4:00 p.m. in places like livermore. it's going to be a hot day. make sure you're ready. grab that water bottle on the way out the door. 83 in places like oakland. 69 degrees, if opportunity cool weather hit the beach. it's going to be beautiful in pacifica and half moon bay. your full forecast reveals a significant drop closer to the weekend. first let's talk to mike, check your drive on a tuesday. >> we'll go to the north bay for this traffic tuesday. things were pretty light yesterday. so far we'll tell you about this connector from highway 29 north and southbound getting onto highway 37, road crews still in place. they will be cleared for the morning commute by the time it gets through the area but we're

seeing slowing there t yellow blips. the crews may be moving. that might be causing slowing on highway 37. on the right side we also have lake herman, getting on 680 the on ramp is closed by a road crew and one lane is blocked south toward the benicia bridge. traffic moves pretty smoothly. the commute directions southbound or westbound depending on the road there. and we're looking at 101 north of highway 37, novato, around san marin we have construction. 64 shows no slowing. and further south through san rafael passing that off ramp to the richmond bridge we have more construction toward marin. no major slowing out of san rafael in the southbound direction. a smooth drive toward the golden gate bridge. the warning we have for you will be that there is still fog in the area here as well as probably along the coast. yesterday, highway 35 at highway 1 had thick fog around the college. that's probably the case later

on today. it's cooler for now. >> hello. wake up. thanks. >> 4:41. looks like google may have to pay a hefty price for a privacy dispute. we'll let you know the issue. >> plus t fight over health care reform is far from over. why some members of congress are trying to repeal the health care law. >> it's all good all-star night. the giants doing something they have never done before in team history. we'll explain all of the good vibrations. >> hey, for all of your news, weather, traffic check us out on facebook.

>> welcome back everybody on a tuesday morning. we showed you the golden gate bridge all fogged in. further south the san mateo bridge much clearer. you can see a little something lingering in the air. christina loren will talk about a hot week ahead. >> we're going to talk about battle lines now. they are being drawn all over capitol hill today over calls to repeal president obama's health care law and extending tax cuts. nbc bay area's brian mooar is in washington with the latest. >> the gentlemen from florida is

recognized. >> reporter: back in the battle against president obama's health care reform law. >> they would make you believe it's all free but it's not. it's going to cost somebody and that's going to be the american citizen. >> reporter: the house is brushing aside the supreme court decision upholding the law, senate democrats sure to shoot down any repeal. the senate is looking ahead to the next big battle ground, over extending the bush era tax cuts. >> the economic consequences of taking more money from successful people. >> reporter: republicans are pushing back on calling to extend the cuts for one year but only for those making less than $250,000 a year. >> let's not hold the vast majority of our economy hostage while we debate the merits of another tax cut for the wealthy. >> reporter: mitt romney in a radio interview called the proposal an economic misstep. >> we just saw terrible jobs report this last week, now to add a higher tax on job creators

and on small business is about the worst thing i could imagine to do if you want to create jobs. >> reporter: the president is telling congress not to bother with across the board tax cut extension. he says he'll veto it. brian mooar, nbc news, washington. >> thank you. from tax cuts and jobs time now for a check on markets. we turn things over to cnbc world headquarters. >> good morning. futures now are higher this morning after markets suffered from a case of the mondays. the dow closed down the past six mondays in 10 of the past 11 but in a strange course the dow closed up for the past six tuesdays. we'll see how we close out today. europe again to blame, stocks under pressure yesterday after yields on spanish government bonds rose to levels seen as unsustainable for the government to be able to refinance its debt and pay its bills. the european markets are higher at the moment.

asia did fall. the dow dropping 36 on monday to close at 12736, the nasdaq losing 5 to close at 2931. let's stick with tech. google is reportedly close to paying a more than $22 million fine to settle charges it bypassed the privacy settings of millions of users of apple safari web browser. "the wall street journal" says that this would be the largest fine levied on a single company by the federal trade commission. it involves google's use of computer code or cookies to trick sta farry allowing to the monitor users who had blocked their internet surfing from being tracked. that's the latest from tech land. back over to you. >> thank you for the update. we'll check back later. >> from tech land to weather land. hot temperatures. >> hot land. we're going to get it today, tomorrow in particular. the triple digits back on the seven-day forecast. some of the metropolitan cities

like livermore getting hit with the heat. 55 to start you out. if you wanted to make outdoor plans in the extreme east bay if that's where you're waking up with us, try to do it early. if you work out there in the heat of the day, it is going to be downright smoking hot so make sure you bring that water bottle. 53 degrees in san francisco to start you out, at 50 in novato and 56 in la rosa. getting close to the century mark throughout this afternoon. we do have a problem when it comes to air quality. we're in the moderate range, now we have unhealthy air quality in the east bay so yes, it's a spare the air day. i want to point out you can see this wrap around moisture over the four corners region. this is a ridge of high pressure. it's bringing in some of the monsoonal moisture to southern california. i think we'll see some of this muggy moisture as we head through thursday. we're just going to stay hot up until that point with temperatures near the century mark. not just in the east bay,

getting downright close even in gilroy. peak heat through wednesday, that's when i'm forecasting 101 degrees. look at the difference between livermore and san francisco. if you want the cooler weather all you got to do is head about 30 miles in the west direction to the coast and that's where you're going to get perfection. so, you give and take around bay area. this week the best of the best is at the bay and the coast. 101 degrees for tomorrow, thursday into friday, not quite as hot. then look, temperatures tumble back to seasonal averages saturday, sunday into monday. so mini heat wave through thursday, once again, though, we're sparing the air for today. back to you guys. >> good to know. thanks. 4:49. automaker isuzu recalling thousands of suvs. the company says the rear suspension on certain models could rust and break away from the frame. amigo suvs from 199 8.

if you own one take it back to your local dealer for free repairs. >> how about this. airports quickly becoming a junk yard for expensive high tech equipment. a new survey says passengers left behind more than 8,000 smart phones and lap tops last year alone. the majority were never picked up at the check points. but the survey found you stood a better chance of reclaiming your gear at sfo than any other airport. >> interesting. what do they do. >> hopefully donate it. tsa probably a new computer right here. >> we'll find out. up next, a suitor for the oakland a's. how the team is responding to offers from sacramento. >> and the giants getting all kinds of love on that all-star team. what matt cain had to say. >> and traffic is pretty perfect through the dublin interchange.

westbound 580 a smooth drive through oakland for this freeway. i'll show you what's going on for the nimitz and the road work coming up.

>> welcome back everyone. do not be afraid of the fog. that is merely san francisco out there, somewhere behind all of those low hanging clouds. christina loren says not to worry, they shall blow out shortly. lots of sunshine expected today.

it's 4:53. >> what do you think. sacramento now wants to lure the a's away from oakland. the group behind the plan, they want to build a new arena for the sacramento kings are looking at bringing major league baseball to the city. the "mercury news" is reporting the a's owner has no interest in sacramento. they are waiting for the league to rule on its request to move to san jose where the san francisco giants have territorial rights. >> focusing on the good vibrations, the all-star game going down in kansas city tonight with five bay area players in the mix. matt cain for the national league with buster posey behind home plate. >> thinking back, starting with the world series and the playoff games, how fun that was. but to be able to start this all-star game is the first one to be able to play in, will be really fun. i'm looking forward to it. >> it will be really special, yeah. we found out yesterday, and we

were both fired up. cain's a fun guy to catch so i'm looking forward to it. >> he is also known as mr. perfect. that's right. had that great game. pablo sandoval and melky cabrera are starting. this is the most giants in an all-star game in team history. that's outstanding. on the a's side, ryan cook getting the call. cook has come out of nowhere to become the a's closer and one ever the premier relievers in the entire american league. the all-star game, a couple of cool beverages, it starts at 5:15. >> a lot of fun. >> apple pie, hot dogs. >> cotton candy. cracker jacks. our own cracker jack, mike. >> thank you. and traffic. that's as american as it gets. let's get a look at the shot from our coliseum camera. we have a nice flow of traffic

with these taillights heading north through oakland. the southbound side with the headlights pretty light volume keeping traffic moving past the construction zone between 23rd and fifth we have one lane, maybe two, but we should be down to one, then none. the flow on the maps, we don't see slowing through oakland. 880, construction near the bottom a. smooth flow to the bay bridge. it's early for that even on a traffic tuesday. we still have construction crews, highway 24 off 680. no slowing in the commute or non-commute directions into or out of lafayette, 24, for 680 and 242 coming through concord a nice flow. highway 4 shows that 56 in the commute direction but the slowing is eastbound. on at summersville. construction in place for another half hour. add a minute, maybe two. always slow for the cone zones. >> good advice. >> indeed.

4:56. this is the report you love. one of a bear on the loose in southern california. wildlife officials and reporters out on the hunt. >> they found what they were looking for. the bear was spotted jumping over fences, running through a neighborhood. listen to everybody yelling. it was in the san gabriel rel valley yesterday. >> see that guy running up your drive way. >> those things are fast, too. they can run up a tree. it was the second bear sighting of the bay. a reporter rushed to get out of the bear's way. they believe the bear a year old and weighs 100 pounds. >> still ahead on "today in the bay," a convicted killer returns to court, the civil lawsuit against hans reiser.

>> reporter: he was