. no decision on prop 8 motion to vacate. we'll tell yu we'll still be headed back to court -- we'll tell yu they will be heading -- we'll tell you why they will be heading back to court na matter what the judge says. sadness at a bay area high school. a suspicious fire. good afternoon. i'm gasia mikaelian. any minute now we could get the

decision from a federal judge on whether or not he'll nullify a lower judge's decision to overturn proposition 8. california's same-sex marriage ban. kraig debro is live in san francisco where some personal issues are pleaing -- being played in the croom. >> reporter: good afternoon. behind me is the courtroom where this is being held. no decision yet but based on the interrogation given the plaintiffs by the federal judge, those seeking to vacate the decision may not want to drink any champagne into the locker room. james weir appeared trouble by the logic that plaintiffs viewed in their motion to vacate last summer's prop 8, ruling it unconstitution a. now, judge von walker roomed it unconstitutional because it violates the equal protection

clause. the plaintiffs say the rule something no good because judge walker is bay and could ben -- is gay and could benefit from the ruling. judge weir countered that the plaintiff has no evidence that walker plans or had plans to marry, pointing out that people don't have to get married. the plaintiffs argue there there was a long history of district recusal. >> supreme court has long said that no man can be a judge in his own case and no man is permitted to try cases where they have an interest in the outcome. >> this ploy has been used throughout history in civil rights cases. when litigants try to disqualify black judges from cases involving desegregation. >> reporter: in the case is denieds it had go back to the supreme court. the state california is no

longer defending this. the supreme court could decide that private citizens fighting to keep the initiative alive have no standing in a public courtroom. when we get that decision we'll pass that along to you any minute. kraig debro, ktvu channel 2 news. >> thank you. we're just finding out this afternoon about a suspicious fire that caused a lot of damage to a richmond elementary school. firefighters were called to king elementary at about 8:00 last night. the president of the west contra costa school board showed us the damage this morning. he said no one was hurt by the fire and the school is out. but he said the damage to the content of the school building is in the millions. now, school was in protases of moving many its belongings. that old building will be demolished to create a playground. accomplish we have video to show you here -- we have video of jerry

johnson in vallejo shortly after his arrest in elk grove last night. police back in february say he raped a developmentally challenged during school hours at loma vista el elementary. authorities say -- ktvu talked about a conversation just yesterday. [ no audio ] >> i told him he was on administrative leave. >> did he say anything to you about the administrative leave? >> no. >> he denied it. >> johnson has worked out the -- at the school for two years. vallejo police are trying to determine in there are any other victims. the state allege -- legislature has until 11:59 p.m. tomorrow to meet the requirement to come up with the budget they are trying to agree on a way to eliminate a nearly $10 million deficit.

one plan would extend some temporary taxes that are set to expire. they include taxes on income, sales tax and vehicle licensing fees. governor brown thinks that lawmakers are close to an agreement. however, republicans think the voters should decide. >> the only person against this are a small number of influential republican activists that don't like this. without that into tax they can't -- bought that no tax they can't go know where. >> because of proposition 25, which voters passed back in november, if lawmakers don't need the deadline they won't get paid starting on thursday. first lady michelle obama is in the bay area to raise money for the democratic party and her husband's reelection campaign. she's in san francisco attending a luncheon at the merchants exchange building. we just got this video in.

it shows her arrival. many people are lining the streets. earlier, mrs. obama spoke out at -- smoke at a soldout breakfast at the berkeley hotel. people were standing outside rate waiting the motorcade -- waiting outside to see the motorcade go by. >> how often do you get to see the first lady, the first african-american first lady? it's pretty special. president obama is pledging support to puerto ricans. he arrived in san juan to an enthusiastic crowd and says he's dedicated to the success of puerto ricans determination. the debate over puerto rico's status has some pushing for statehood while others are pushing for independence. >> in march, a report from our presidential task force provided a meaningful way

forward on this question so that the residents of island can determine their own future. [ cheers ] >> president obama told the puerto rican peel to make a decision and his administration will back him up. campaign watchers say he's building support from the more than 400,000 who in-- 400 million who live on the mainland. the muni contract, you in -- the new contract includes a wage freeze and it allows them to use part-time workers and that will help produce overtime costs and it had save the agency $38 million over the next three years. just ahead, fire leaves some bay area people homeless. it's being called the jetliner of the future. it's an interesting proposal that could end the argument over window seats. if you thought it was hot in

the bay area yesterday, just wait. rosemary will tell you how hot it had be this afternoon. >> reporter: detectives are still -- >> it will be this afternoon. >> reporter: detective are investigating a homicide.

a long island street sweeper is recovering from injuries. emergency responders hipped free the man -- helped free the man early their morning. he was in the bottom of a parking lot in the bottom of a strip mall. he fell in late last night after he picked up a piece of plywood in the parking lot. apparently he didn't realize it was covered. he was taken to the hospital. he was broken wrists and ribs as well as cuts and bruises to his face. police are trying to figure out why someone opened up fire and killed a man. jade hernandez has more including reaction from a neighborhood who walked outside to find police scouring for evidence. >> i took my granddaughter to work. i had to take her to work and i am wondering -- i asked the officer, what's happening? what's going on? i figured that's what was happening. >> reporter: neighbors are not used to seeing crime scene investigators in this neighborhood today was

different. a caller alerted dispatch around 3:00 this morning along the 1200 block of oxton drive. san jose police discovered the body of a young man in his late teens, early 20s near a garage where it appeared a handful of young men had gathered. one men was shot to death. the hospital had three others with gunshot wounds. >> i don't have any information to indicate background or whether the victim may not the suspects and so that's -- those are things that we normally look into to try to keep the pieces back together to see what led up to this type of situation. >> police are not sure if the attack was targeted or how the men knew each other. but investigators don't think the shooting victims are suspects in this morning's killing which is the city's 25th homicide of the year. detective are still looking for a motive and more than one suspect. they've not ruled out gang activity. in san jose, jade hernandez.

ktvu.com. 14 people including four children need a place to live this afternoon after a fire at their san san leandro apartment building. it started around 6:30 at a 66- unit building on hayes and thornston street. firefighters went door to door telling people they needed to leave the building. the cause of this fire is still under investigation. an early-morning fire in san francisco has left one person homeless. it started around 1:00 at an apartment building on el am street between pierce and scott street. when firefighters arrived, they found the fire burning between two buildings. they called in a second engine to get the fire under control. now the cause of the fire is being investigated. control burns continue in dublin. it's for veg lative material.

the burning will continue at 3:00 this afternoon. the san francisco public utilities commission is reportedly charging more as it upgrades and repairs the hetch hetchy water system. last night the paul low alto city council discussed a 12.5% increase. the new rate is expected to be approved next week and will take effect in july. some changes coming to a summer tapele -- staple. the fda is requiring the makers of sunscreen to put better labels on their products. sunscreen labels had have to describe how well their pro -- their products block the rays. any product that does not block both sets of rays will need a warning label. the a rays, they say, can be more harmful to your health than the b rays. good afternoon. a live look at the city there.

we have blue skies overhead. just a little bit of haze off the coastline. most of us dealing with abundant sunshine and our temperatures as a result, 5 to 10 degrees recall warmer than yesterday at this time. the winds are generally light. winds will increase to 15 to 20 throughout the afternoon. in some of the warmest places that breeze will feel good. redwood city 68. 77, san jose. and that's not really even the warmest spots. we'll show you -- we'll show you that in a second. 70 in oakland. take a look at areas around livermore, concord, sitting in the low 80s. again some, of -- some of our inland spots 10 degrees warmer than a day before. some of us may actually see some of our warmest temperatures of the season so far come this afternoon. satellite view, giving you a

good indication we have ridge of high pressure in place and we are going to remain dry. our temperatures will continue to warm in through afternoon. we'll see a rebound tomorrow and then a change as we move in closer to weekend. your forecast here. notice by tonight, we notice the marine layer to get closer to the coast. when we wake up, most of us will be mostly clear. today, sunny, warmer, we'll see that breeze pick up in the afternoon. we have 60s along the coast, 70s and -- 70s and 80s inland and a few 90s by the end of the day. highs expected for your area, 8 expected in santa rosa this afternoon. looking at 9 for fairfield, 9 in concord. 90 degrees on top for antioch. 91 expected in brentwood. come close to the coast, it is a cooler, 75 in oakland, 76 in hayward. finally meeting the seasonal average even going a little bit above in some places.

66 expected. south of slay valley gonna warm you. 88 in morgan hill. maybe a little uncomfortable in gilroy. 80 degrees mountain view and then if you like it cooler, head to the coast. we're looking at --ing at 64 degrees. 74 in santa cruz. your extended forecast. heating it up today will be just as -- it will be just as warm tomorrow, especially inland. our coast will begin to cool down. we'll see a return of the onshore. and for thursday, more so, thursday, friday, into saturday. notice the temperatures cooling back along the coast. we'll be sitting in the low 60s for your weekend. widespread upper 70s, low 80s as we move through saturday and sunday. so we're run week away from summer. it's going to feel like it today through tomorrow and then as we get a little bit closer to summer and into the weekend, our temperatures fall back. so today and tomorrow, a little bit hot for you? hold on we'll be back in the 70s and lower os for the

weekend. >> how about the pollen? >> the storm that came through really helped lay out the pollen. we've got it blooming. the first phase of the project at the lake will be getting underway this summer. they will begin with the wetlands. a new eco-friendly trail will be built that minimizes damage to the wetland areas. the conservancy is providing $850,000 for initial improvements. future enhancements will include better visitor parking and new picnic tables. these people had a watery end. our cameras were there as the bloat was born over. one sailor is being treated for a rib injury. the rest of the crew resumed practice for the yacht races

hosted by san francisco. commercial airliners will look very different 40 years from now. airbus unveiled what its designers think the future of aviation -- aviation will look like. this includes small windows on the aircraft -- on the aircraft that offer views for every seat for systems that are powered by the heat for passenger families. a new study says that inpants who bro up -- who grow up with pets are 40% to 50% less likely to develop hailergies to those animals. -- animals. researchers say early exposure to pet bacteria do he -- could enhance the system. the study shows that waiting to buy a pet of a first year's dash an first year of a child's life will not prevent allergies. just ahead, it will cost you more to visit the happiest place on earth. o?oowq

stocks are shaking off a two-week slump. this could mean reaction from better sales in may than analysts expected. the dow is back above that all- important 12,000 mark. people in the east bay are squeezing in a last-minute

appeal to lawmakers who are trying to beat tomorrow's state budget deadline. allie rasmus is live where a rally is just getting underway. >> reporter: well, gasia, while lawmakers wrangle over a new state budget, the people you see behind me want lawmakers to know that they hike all lawmakers will be impacted. they are talking with concerns about the budget. after they wrap up, they will have a rally in front of the state office building -- office -- of the state office building. in-home support services is for people who need help with disabilities so those people don't have to live in a nursing home. we talked to one person and she said her healthcare was cut and there's a lot she has to go without and she's worried about

cuts again. >> i don't get my baths done if i don't have those six hours. i don't have my sheets done. i don't get a meal or two done. when i -- when i lose hours of service, i don't have that care this my home for hours. >> reporter: now, the people out here also have postcards and pedestrianticians that they are -- petitions that they are asking people to sign. you can see they've wrapped up the press conference and they are in the middle of starting this rally. but again the organization here, the people here plan on passing along those petitions and postcards to state lawmakers. again, urging them to pass a budget on time. the deadline is june 15. midnight tomorrow night. live in downtown oakland, allie rasmus, ktvu channel 2 news. thank you. the mount diablo school board is expected to vote tonight on a 4.2 million set of budget cuts. the district states it will be forced to make deeper cuts without the governor's proposed

extension. special education assistance -- assistants could see their hours reduced. tonight's meeting starts at 7:30 at the school district's concord office. a big transition takes place for police offices in half moon bay. the city county voted to disband the police force and today, 14 former half moon bay police officers will be sworn in -- sworn in as sheriff deputies. the swearing-in ceremony at 11:00 p.m. will complete the merging of the police into the -- police department into the sheriff's office. google is cre i -- clearating a fund to help finance solar units nationwide. google says it's the company's largest clean-tech investment so far. accord together mercury news, google has about $30 billion in cash on its balance sheet and has already invested $680 billion in clean energy.

it is hoping that other countries with help as well. facebook gained nearly 12 million subscribers during may and the growth shod for the second month in a row the website lost 6 million users last month. if your summer plans include a stop at disneyland, take note, ticket prices just went up. the one-day pass for disneyland or california adventure is now $80 for adults. that's an increase of $4. a ticket that lets you go between those theme parks is now $105 for one day. a lack of sleep could hurt a happy marriage and particularly hurt the wife. a recent you will stu -- study found that when women take a long time to fall asleep, the relationship with her spouse sufficienters. researchers say women tend to be more expressive than men so

when women don't sleep well they express more feeling. tonight, michelle obama is making a bay area visit today, at 5:00. and the strongest move yet when it comes to the sex scandal involving congressman anthony weiner. tonight, the move the bay area's nancy pelosi said she could not make before but now she must do when it comes to the congressman. keep in mind our next newscast is the channel 2 news at 5:00. we'll see you then.