. >> the man who paid $37.5 million for this land venture capitalist vinod cosla argues he's entitledo close the gate. this is what's on the other side. >> maybe if there's billions of dollars of overabandons you can do whatever you want. >> the court is considering whether the rights have been violated here. when cosla locked the gate and painted over the sign which indicated the beach's location, the gate has been on the property for decades and he can lock it. >> the ability to seclude others from private properties ask one of the essential sticks of private property rights that exist. >> it's infuriating that this access can be denied quite honestly. >> remarkably the judge in the case visited the spot to see for herself what has both sides arguing so fashion atly in a courtroom 20 miles from here. >> the issue is so simple. can you put up private property over a piece of that has been used for 100 years by the public without permission of the california coastal commission? >> this battle is similar do a fight in southern california, where record mogul david beffen tried oblock be

venture capitalist benoit cosla stepping out of his town car before 3:00 this afternoon. he was on the phone surrounded by his attorneys, not answering any questions. cosla is being forced into there court battle over the closing of the popular beach near half moon bay. the sun microsystems co-founder bought martins beach six years ago. he paid $37.5 million for the land. two years later, he closed the beach. but san mateo county judge told him he needed a permit to do that. the surf riders foundation believes that he is violating the state coastal act, and that's the basis for the entire court proceedings today. >> it's time to answer for the closure of this public beach accessway. the public want to know, tens of thousands of people use this beach over a century's period of time. and only recently was the beach closed without explanation and without permits. >> reporter: now here are a few pictures of the beach. as you just heard, tens of thousands of people use it or want to use it. right now, the public doesn't have access to it. now cosla had no comment as he left th

. >> the than who paid $37 million for this land, venture capitalist vinod cosla, says he has the rightto close this gate. >> when there's billions of overabandons, you can do anything you want. >> the court order has been violated here. the surf rider foundation sued, alleging that when cosla locked the gate and painted over the sign that informed the public of the location, the gate has been on the property for decades and he can lock it. >> the ability to exclude oirts, is one of the -- others, is one of the essential sticks. >> it infuriates us that the rights can be denied obviously. >> what last both sides arguing so passionately in a courtroom 20 miles from here. >> the issue is so simple: can you put up private property over a piece of property that has been used for 100 years by the public, without permission of the california coastal commission? >> reporter: this battle is similar to a fight in southern california where record mogul david gef frveghtsen tried to -- -- geffen tried to block beach access in front of his home. >>> the judge ruled no one would be denied access. a

. >> reporter: this is the beach that bernard cosla baugts six years ag. he paid $37.5 million for the land between the highway and the surf. and two years later, he shut the gate, painted over the welcome sign and had trespassers arrested. his attorneys argued in court today that no permit was needed to paint over a billboard or close a gate. the attorney representing the surf rider foundation told reporters there is no question he violated the act. >> the fact of the matter is when you lock a gate permanently and you say public has no access, that's a development on the property. >> getting cosla to testify is a victory for the surf riders. >> we want him on the stand to tell us why he conducted himself in such a way to say he could close down the beach. this is not rocket science. >> this is a special, public thing that shouldn't be invaded by a guy whose wealth gives him arrogance. er >> reporter: attorneys would not comment. but there is expected to be considerable attention monday afternoon. at the courthouse, mark matthews, nbc bay area news. >> all

it's very unfortunate. >> i have made multiple calls today to cosla and to his attorneys for comment.hose calls haven't been returned. from just outside martin's beach, nbc bay area news. >> all right, thaupgs, marx. >>> a dubious distinction tonight. cal is one of 55 colleges under investigation for the way it handles sexual abuse al kbagss. the feds say there's zero presumption of guilt. this is the obama administrat n administration's attempt to bring more open nsz to sexual violence. >> new details tonight as a suspected gunman is arrested in a two-year-old oakland homicide. police say it began when the driver of one car nudged another car. the surveillance pictures recorded in december 2011 show charles butler junior accidentally hitting the car in front of him. minutes later, butler was found shot to death a few blocks away. police say they arrested carti, r hunter for the crime. they say he fired the gun and that javonte douglas. >> smoking pot recreationally. people are legally lighting up across colorado. and in just a few months, a similar scene will play out in the state of

his lawyers point out an even older law give cosla total control over his own property. >>> 5:38 right now. might be a very good beach day as we look at those temperatures as meteorologist christina loren, boy, yesterday certainly was. >> not quite as nice as yesterday was right at the immediate coastline, but still pretty nice. you can see what's happening out there, though. tell you what your temperatures are doing here. take a look at this, 40s in santa rosa and half moon bay. you notice here on the contour map where you're getting that green and the ocean air is returning. as we head throughout the day, you'll notice much cooler conditions at the coast by five to ten degrees here inland and only cool you off to five degrees as we head throughout this afternoon. starting out widespread 60s out there and a few isolated 70s out there and very mild. you probably don't need a jacket this morning as you walk out your front door. as we head throughout the day today, you won't need that jacket and five to ten degrees cooler at the coast and that will still lead to temperatures in the upper

but an even older law could be on cosla's side. that land dates back to the treaty that ended the mexican/american war and gives him the right to cut off access to the beach. >>> stage two of the tour of california starts in a full hours. it's a short race, 12.5 miles and rides past the main entrance to folsom state prison. tomorrow stage three of the race starts right here in san jose. it will be one of the most challenging stages of the bike race sending riders up mt. hamilton and then an 11-mile climb to the top of mt. diablow. >> heat stroke could be an issue. they'll water down the riders and what not to keep the temperatures down, but at the same time, it's getting towards the end of the last climb and what not will be hot. >> another concern for cyclists the heat may affect the asphalt. it could cause the tires to soften and that could slow down your bike. >>> san carlos one of the first cities on the peninsula to implement water use restrictions. the city council will meet whether people living there to cut back on water by

. >> the surf rider foundation is also suing cosla in court. >>> a group of firefighters say they're making efforts to pay it forward after they were touched by a good deed of an anonymous donor. the firefighters say they were shopping at cosco when they had to leave after they received a call. they returned and found that someone had paid for them all with a note on the receipt. >> the note said thank you firefighters for all you do. have a good day and it was signed by an air force wife. >> the firefighter say they are used the money they save from the groceries to do something nice for others including hosting a dinner for a 90-year- old world war ii veteran tonight. >> keeps paying it forward. >> i love stories like that. >> also loving this weather. let's check in with our chief meteorologist bill martin to tell us more about what's coming up for the rest of our week. a little cooler today though. >> weather a bit cooler out there. we had temperatures 10 degrees cooler. temperatures were cool today and strong winds right along the coast. those winds those on shore winds continue

the judge ordered cosla to appear in court tomorrow afternoon. >>> a group of mothers on a mission on this mother's day. they joined forces to find their sons. all missing and all last seen in san francisco. ktvu's katie utehs has more on the group's renewed efforts. >> reporter: gina and her husband paul land out flowers near the plaza in san francisco. >> he wasn't very capable of living on his own. >> reporter: in the process of switching medications their son jackson miller drove from cuper to the t ino to san francisco nearly four years ago. today a forensic team may produce new leads. >> we were convinced that he was roaming around the city and not well. a sighting indicated he was not well. >> reporter: he and other children may roam the streets of san francisco this mother's day. like sean fitty who's been missing for nearly a year. >> he suffered a traumatic brain injury right before going missing so that probably has a lot to do with it. >> reporter: gina and lin along with three other mothers are committed to keeping their son's cases in the spotlight as they search. >> i d

the surf rider foundation is sewing cosla.she rules against the billionaire venture capitalist, koslow will be forced to open or sell the access road to the state. >> coming up, was he telling the truth? new proof in the government's case against edward snowden. >> pg&e has spent a lot of money trying to improve safety and reliability. have those efforts paid off? a recent twitter statement talks about where pg&e ranks. >> it might be an unlikely pairing in the city today, rapper snoop dog and football legend joe montana. we'll tell you why they're joining forces. >>> its's usually a hot topic with pg&e. how does wpj"pg&e's safety and reliability rank to other utility company sns that's the question after a new push by the utility giant. pg&e is on the charm offensive telling customers how it's getting safer and more reliable. >> where does the company rank with recent officials? he joins us now with tonight's reality check. >> pg&e says it's spending billions of dollars a year to upgrade pipes and improve safety measures. th

cosla testified he didn't remember much about martin's beach or a judge saying he needed approval from the coastal commission to close access. >> he cannot remember a thing. >> reporter: the gate barring access was set up in 2010 now the only way people can get there legally is from the ocean. >>> hundreds of people are fighting to stay in their homes tonight in palo alto. worried that developers are going to push them out. we first told you about this housing battle last week. the homes are in the buena vista mobile park. ken pritchett live in palo alto where mobile homeowners packed a hearing to present their case for staying put. ken-- >> reporter: frank, this is the buena vista mobile home park here behind me. about 400 people live here. the question is how long will that remain true. what many of them want is to stay here. on land that for now they do not own. >> reporter: what you are looking at is a one of a kind in pa -- palo alto literally. this is the only trailer park. that fight went from a street corner to a meeting hall tonight. >> almost all are very low income and -- >>

cosla testified he didn't remember much about martin's beach or a judge saying he needed approval from the coastal commission to close access. >> he cannot remember a thing. >> reporter: the gate barring access was set up in 2010 now the only way people can get there legally is from the ocean. >>> hundreds of people are fighting to stay in their homes tonight in palo alto. worried that developers are going to push them out. we first told you about this housing battle last week. the homes are in the buena vista mobile park. ken pritchett live in palo alto where mobile homeowners packed a hearing to present their case for staying put. ken-- >> reporter: frank, this is the buena vista mobile home park here behind me. about 400 people live here. the question is how long will that remain true. what many of them want is to stay here. on land that for now they do not own. >> reporter: what you are looking at is a one of a kind in pa -- palo alto literally. this is the only trailer park. that fight went from a street corner to a meeting hall tonight. >> almost all are very low income and -- >>