jacob rascon is live in riverside this morning. b, we understand about 3,300 firefighters are trying to work to get a handle on this fire? >> reporter: that's right, and new numbers just out. we have more than 38 square miles burning now in its fifth day. the threat today as real as ever. let me show you a map really quick. this is where we are in lake hemet, and over here is idyllwild. this is an area where 6,000 people were evacuated a couple of days ago. and up north is the palm springs area. and nobody's been evacuated there, but the fire is only two miles away there. the smoke cloud is thick there. you can see it. and then, where we are, you can see the smoke cloud really well. and this is coming up just over idyllwild. take a look at some video from yesterday. again, as i said in our fifth day now, started on monday, on private land, the cause was human, but we don't know if it was accidental or if it was done on purpose. we know it started on private land, but it's gone on to tribal land, federal land. we have a unified comma

knbc's jacob rascon is following this story and joins us with more. jacob?er: that's right. many lawsuits have been brought to toyota about these unintended acceleration incidents, but all have been settled. this will be the first one that will go before a jury. there are 80 cases now across the country in state courts filed. this one is l.a. superior court will be the first one to go before a jury. the jury selection begins today on that one. in this incident in upland, california, where i am, this was back in 2009, in the summer, a woman named norico uno, 66 years old, was coming down and the accelerator, an attorney and the family says, was defective, stuck, went up to 100 miles per hour, crashed, passed away. a witness said she tried to stop, but couldn't do anything. toyota said they inspected the car. they said there was no defect. the attorney for the family of the woman who died said this will be an issue of why they don't have a brake override system. according to the outcome of this case, many will be looking on with cases in other state courts acr