does not require a prescription. and i've been taking it quite a while myself and i know it works. and i love it when the customers come back in and tell me, "david, that really works so good for me." makes my day. prevagen. at stores everywhere without a prescription. i have one message for president trump. i'll see you in court. breaking right now at 11. california wasting no time in challenging president trump's attempt to end birthright citizenship. the new sharp

response from the state's attorney general. good morning, and thanks for joining us. i'm laura garcia. that announcement of a new lawsuit coming in within the last 90 minutes. california not wasting any time and taking on president trump as he takes aim at immigrants. the state's attorney general and san francisco city attorney talked about their legal strategy and what is at stake for future children and the golden state. nbc bay area's kris sanchez was listening in. she joins us from our newsroom with more. kris. good morning to you, laura. california attorney general rob bonta says california is prepared to fight for that birthright citizenship. on his inauguration day, president donald trump signed an executive order ending birthright citizenship for future children born to mothers in the u.s. unlawfully or temporarily here, unless the child's father is here legally and permanently. california's rob bonta joined attorneys general from new jersey, massachusetts and 15 other states, plus the district

of columbia and san francisco city and county, in filing that suit against the trump administration. he says this is to protect the 20,000 babies to be born in california in the next year. and also, he invoked his own mother. people like my own mom, who was born and raised in the philippines, who had me in the philippines and came here lawfully with me in tow at two months old, when she feared the rise of a dictator and martial law in her home country, which were both around the corner, who lived here legally with a green card for many years and eventually became a citizen so she could vote for me in her. in my first election. how protesters in san jose gathered yesterday to decry the ten orders signed by president trump related to immigration. and while the president said there would be major immigration action in the country's largest cities, he didn't say when. and my biggest fear is losing my

parents. i can't imagine losing my parents. it's difficult to even think about anyone to think about it, because if i were to lose my parents due to deportation, my whole world would fall apart. the only way that we will collaborate with ice is if there's a criminal threat to our community, or if there's any type of criminal charges. but aside from that, we will not be cooperating with ice. california senator alex padilla released a statement that reads in part, we can all agree that we need a secure and orderly border. however, these executive actions only further complicate that effort, and many of them violate the rights guaranteed by our constitution. so he goes on to say, make no mistake, it won't be long before a policy of chaos costs the american people. attorney general rob bonta pointed out that ending birthright citizenship could deliver crippling costs to california because without social security numbers, babies wouldn't be able to qualify for aid or health insurance. but then later on, as adults wouldn't be able to work legally or vote. laura. all right. so a lot at stake here.

thank you very much, chris. so much going on as well. america has a new secretary of state, marco rubio, previously one of donald trump's biggest political rivals, is now america's top diplomat. scott mcgrew joins us now. the trump cabinet really starting to come together here. it is indeed. good morning to you, rubio. laura, the first to make it all the way through the process. we expect the confirmation of his secretary of the treasury. trump's to come very soon as well. marco rubio a very popular pick. no controversies, years of experience on the senate foreign relations committee. secretary rubio was approved by the senate last night. took his oath of office this morning. as you can see, administered by vice president vance. secretary rubio was also on the today show, where he was asked about trump's repeated promise to end the war in ukraine on the very first day. of course, that didn't happen. rubio says the situation is more complex than the campaign promise. president

trump has said the war in ukraine would end on day one. yesterday in the oval office, he pointed out that he still had a half d left to make that happen. you've indicated yesterday, after your confirmation that it was also a priority. is there an imminent end to the war in ukraine? i think what the president's made very clear is that the war needs to end, and it's the policy of the united states to end, to promote peace around the world. i think that's a great thing. it should be lauded that the president wants peace. it's a complex conflict that's going on. there's no doubt about it. it's one that russia started. ukraine is suffering terribly from it. but it's going to be the official policy of the united states that the war has to end, and we're going to do everything possible to bring that about. other news, president trump has pardoned most of the people who participated in the january 6th attack on the capitol. trump signed that blanket pardon as his very first action as president. the white house says about 1500 were pardoned, with about six commutations, shortened prison sentences but not a pardon, including the head

of the ultra right oath keepers. his sentence was commuted. he had been found guilty of sedition and was serving 18 years. now, the difference between trump and biden on their reaction to january 6th is notable. yesterday, when he was still president, biden pardoned the police officers who were attacked, and then the new president trump pardoned the ones doing the attacking. the police officers hadn't been accused of any crimes, but the biden white house wanted to make sure the officers were not in any legal exposed to any legal harassment. senate commerce committee hearings underway for congresswoman elise stefanik to be the us ambassador to the united nations. it's up to each president to decide if that is a cabinet position. president trump considered the ambassador to the un in his first administration, nikki haley, to be part of his cabinet. and this morning, president trump said he fired a number of biden appointees. this is from his truth social. jose andres from

e president's council on sports, fitness and nutrition. mark milley from the national infrastructure advisory council, brian hook, keisha lance bottoms from the president's export council. you're fired. it was very normal, though, to expect political appointees to leave at the end of their party's control of the white house. i mean, of course, the president's members of the trade council are going to be dismissed. they were advising the previous president. they understand that. and chef andre said he he stepped down last week. bottoms said she had already resigned. and that's just a very normal thing. it would make sense. exactly. so they're moving on. and so is this new president. exactly. all right. thank you very much, scott. well, new at1. san francisco is mourning the loss of a legendary chef. chef charles phan of the slanted door died of cardiac arrest. his family announced his passing in a statement, saying they're grateful to the community for their support and kindness.

phan's family escaped to america during the fall of saigon in the 1960s, when he was just about 13 years old. he opened the now famous slanted door 30 years ago, racking up several accolades in his career, including best chef from the prestigious james beard foundation. phan was 62. his family is asking for privacy at this time. seven minutes after the hour, as we take a live look outside overlooking san francisco. a nice, clear day out there, but boy was it a cold start. vianey. definitely. and even so, some areas are still trying to warm up into a more comfortable range. look at san jose. we've got those clear sunny skies through and through around the bay area. and here's what we're looking at right now when it comes to the temperatures. remember i said there were still a couple spots struggling to get out. look at this. pleasanton 49 degrees tracey still at about 48 degrees, even up through parts of the north bay. but we do have

some upper 50s underway, and thanks to some high pressure, we can expect to climb into those 60s for the afternoon. here's a look at your temperature trend for san jose. you're going to notice in the icons mostly clear skies. we've got daytime highs expected to hit those mid 60s for the afternoon. and we do have something changing in our extended forecast. i'll be back with a look at that coming up in just a few minutes. sounds great. we'll check back with you. san jose police later today plan to update an exchange of gunfire last night with a still unknown number of suspects, but no one is believed to have been hit by gunfire. it happened about 1030 last night at melbourne boulevard and mclaughlin avenue. we have new video from the scene this morning. there's a car riddled with bullet holes. we know plainclothes officers were involved, allegedly returning fire after they were shot at. police are warning there may be lingering street closures in the area. a news conference is planned for 2:00 this afternoon. today, residents of alameda

county could get a better sense of who will permanently replace alameda county district attorney pamela price, who was recalled by voters last november. as nbc bay area's bob redell reports, the alameda county board of supervisors meets later this afternoon in just over a couple of hours. the alameda county board of supervisors will hold this special meeting to publicly interview the seven finalists vying to become the next alameda county district attorney. who would be prosecuting cases here at the east county hall of justice behind me in dublin and other courthouses throughout alameda county. last november, voters recalled alameda county district attorney pamela price over criticism that she was not tough enough on crime. since then, chief assistant district attorney royl roberts has been running the prosecutor's office that until a board selects a new da. last week, the board whittled the pool down from 15 to 7 finalists. that special meeting at 130 this afternoon, that's when the board will interview those finalists again

publicly. now, there are two internal candidates in the alameda county district attorney's office who both have decades of experience prosecuting cases that, according to the east bay times, they are elgin low, who is a senior district attorney, and jimmy wilson, who is a deputy da. venus johnson. she's another finalist who's been endorsed by california state attorney general rob bonta. according to the east bay times, she is currently the chief deputy attorney general for the california department of justice, was previously director of oakland's department of public safety and chief assistant da in contra costa county. the next two candidates have been endorsed by safe. that's the grassroots organization that drove the recall of pamela price. ursula jones dixon was a deputy da here in alameda before becoming an alameda county superior court judge. annie esposito was a senior assistant da here in alameda county before becoming assistant da in contra costa county. the remaining two

finalists are latricia lewis is an assistant da here in alameda county. before becoming was, i should say, before becoming a deputy county counsel for alameda. and yibin chen, who is city attorney for the city of alameda. according to the east bay times, chen is the only finalist with no prosecutorial experience. in a matter of moments, minutes from now, safe will hold a news conference to again endorse their two finalists and express concern that, quote, high ranking political figures are interfering with this process to appoint a new district attorney. again, the interviews are later this afternoon. the board will select their finalists, the person who become the new district attorney. they will select them next week, and then that person takes office early next month and will serve through 2026 here in dublin. bob redell nbc, bay area news. thank you bob. well, new fires sparked in southern california near san diego. ahead on nbc bay area.

the intense fight as firefighters work to gain control of the flames and more about the evacuations underway. we'll be right

i guess what i'm looking for from you is, i mean, i know how the fire affected me, and there's always a constant fear that who's to say something like that won't happen again? that's fair. we committed to underground, 10,000 miles of electric line. you look back at where we were 10 years ago and we are in a completely different place today, and it's because of how we need to care for our communities and our customers. i hope that's true. [joe] that's my commitment. [ambient noise]

the driver, they say, was behind a deadly car crash in san francisco on sunday. san francisco police say 66 year old jialin zhang had been arrested for vehicular manslaughter, reckleless dving and speeding. the crash happened on the sixth street offramp near harrison street. at least six cars were hit. a dog died as well. one person who lives nearby called it a high impact crash on what should be a low speed city street. in another unusual twist, an unoccupied self-driving waymo car was among the vehicles involved. investigators do confirm the car was among those stopped in a line of traffic at the moment of impact. developing right now in

san diego county, mandatory evacuation orders remain in place east of oceanside as firefighters try to get a handle on a wildfire that started after midnight. it is located in the bonsall area north of san diego. some 80 acres have burned, but firefighters say it's 10% contained. so far, there are no reports of any structures damage. in the meantime, firefighters in l.a. county made new headway overnight on reaching full containment in both the palisades and eaton fires. a total of 28 confirmed deaths are now known, with more than 14,000 structures destroyed. teams are still dealing with stronger winds. a red flag warning was just extended and is now expected to expire tonight. peninsula leaders want everyone to be prepared when it comes to the threat of wildfires happening today. they're holding a virtual webinar on wildfire safety and how to best protect your home and your family. san mateo county's department of emergency management is overseeing the event. it will focus on topics

including defensible space, the best ways to prepare, and utilizing free and low cost resources. it all starts at 4 p.m. you can find more information on the county's website. thousands of displaced palestinians continue to make the journey back to their homes in gaza, and more aid trucks are rolling into the enclave. nbc's danielle hamady knighton reports from tel aviv as the cease fire agreement enters its third day. good morning. and it has been a good two days, according to the united nations. the u.n. says that there has been significant progress in getting aid into the gaza strip, that the past 48 hours have gone relatively smoothly. we're not used to hearing such words by the u.n, but just goes to show that this fragile truce is, for now, holding now. translating those words into numbers. and keep in mind that over the past few months, the average daily number of trucks going in was between 50 to 70. yesterday, 900 trucks

were allowed in. the day before that, around 600 carrying not only humanitarian aid and supplies, but as well as commercial goods. and 600 was roughly the average daily number of trucks going in before the war began. this morning, also, a warning by the idf that israeli soldiers remained deployed in certain areas of the gaza strip and warning people not to approach them. it also said that if hamas adheres to the terms of the deal, that people will be able to go back to northern gaza. the worst hit area. in fact, people have already started to return, even though there's not much left. it is home to them. you know, palestinians will tell you that they have a history of forced displacement. and so one way or another, they will go back to their home in northern gaza. daniele hamamdjian, nbc news, tel aviv. closer to home, the south bay working to provide some relief for the homeless. city of san jose and valley water leaders are at cherry

avenue right now. together, they're breaking ground for the city's newest housing project. they're building an interim housing site for 136 homeless. it's near sanchez drive, 85 and almaden expressway. san jose's mayor says this housing project will help those living nearby. the first homeless neighbors to be offered housing at this site will be folks already encamped in the surrounding area. after offering housing to everyone in the area multiple times, we will decommission those encampments, clean up the area and install a water resource protection zone. it's been a big goal of san jose mayor matt mahan. he says this year, the city will open an additional 1000 interim housing units for the homeless. and i have to say, it's hard not to think about the homeless, especially with these really cold temperatures that we've been having overnight. absolutely. i mean, the frost advisories, you know, temperatures dipping down into

the 20s this morning. so it's very cold. the sunshine will at least provide some warmth for the afternoon. but if you notice right now in walnut creek live look, it's about 49 degrees right now. and we will eventually get warmer. i want to show you a beautiful shot of the city as well. san francisco is at about 54 right now. no issues with visibility. we've had clear skies through and through, and we're starting to climb into those 50s. but as we woke up this morning with those frost advisories, we had some 20s and 30s on the map. so frosty conditions once again. you can likely expect for those to get reissued once again for your wednesday morning and your thursday morning as well. judging by what's going out in the pacific. so notice we've got satellite. also with the clear conditions that high pressure is going to build, that's going to start to warm us up by a couple of degrees for today and for tomorrow. but it's also going to keep us dry at least through the another system that rolls in. that one is going to bring in a cooler air mass, and it's going to change our temperatures, but also r rain chaes on the map.

we'll talk more about that in a second. i want to get you through your daytime highs for today. it's going to be about 65 degrees. so i think with these upcoming days, the best way to go about it is layering. starting out very cold. but then notice we do get comfortable by the afternoon. so a nice jacket throughout your day. by the afternoon you should be okay. let's talk about the long range outlook because i mentioned rain chances and i also mentioned that high pressure. notice this is what's been keeping us dry with those temperatures slightly above average. but here's what's ahead as we look towards that friday saturday forecast. we do get this cooler air mass. you'll see it here settling in that's going to cool us off, but also bring some rain chances, mostly to southern california and central california. also noticing that wintry mix for the snow. now of course, that could be extremely beneficial for southern california, which has been dealing with extreme fire weather conditions. and they're not in the clear just yet. a reminder we do have that red flag warning extended through tonight until about 10 p.m. for the areas you see highlighted in red, that includes l.a. county, fontana, palm springs, but also

stretching into parts of santa clarita as well. wind gusts have already reached upwards of 5060 plus in some of those higher elevations, so we're going to get through the next couple of hours before we see some relief by tomorrow morning for southern california. now, temperature wise here locally, we're going to remain a bit warmer into wednesday and thursday. but if you look at that friday saturday forecast, this is where i showed you that cooler air mass sweeping through that's going to not only change our temperatures, but it's going to bring us a very small, spotty shower. chance you saw that map. a lot of this rain is gearing more towards southern california for us, though, we will feel the influence of that colder air. notice the daytime highs. we're going to go from 60 to 50 by the time we get to that saturday sunday forecast. however, over the next two nights, keep in mind those frosty conditions will continue in the 30s as we inch into the overnight early morning hours. so stay bundled up through your mornings. all right, i'll send it back to you. will do. thanks, deanna. well, happening now. monterey county leaders expected to ratify a local emergency declaration made

during the massive fire last week at the vistra energy plant in moss landing. the fire started last thursday, and it kept highway one closed through sunday night. it happened inside the plant's battery storage facility, but because it involved lithium ion batteries, firefighters decided to let that fire burn itself out. experts say air quality levels are back to normal. this week, an epa testing found most toxic chemicals did not make it outside the facility during the fire. we're coming up this midday. getting ready to welcome the lunar new year. our newsroom sneak peek at a weekend event you can attend, combining sport