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♪ right now at 11, it went up in flames in dramatic fashion. you probably remember these images a home depot burning to the ground in san jose. the flames and smoke seen for miles after an arsonist at the store on fire two years ago tonight. that store is being held accountable for its part in that destructive blaze. home depot is being ordered to pay more than a million bucks for code violations that hampered firefighters efforts. let's bring in nbc's jocelyn moran with the details. this is a fire that people in the area still think about because of how massive it was and how close it got to homes. some tonight were

surprised to learn the store had code violations, including a disabled sprinkler system. more than two years later, the home depot arson fire on blossom hill road in san jose is one rick garcia vividly remembers he was inside the store when the fire started. what was the most shocking part of all of it? when you look back at it, aside from the fire itself, just the lack of safety protocols, he says he was at the back of the store when he heard someone over the p.a. system say they had to evacuate. he was near a couple of people who didn't speak english. i had to tell them, hey, we need to get out of the building. the building's on fire. and they had no concept of what was happening because the announcement was made in english. and again, because there was no fire suppression, none of the fire sprinklers were working. there was no, fire alarms. none of that was happening tonight. the santa clara county district attorney's office announced home depot will pay more than $1.3 million to resolve an investigation into numerous fire code violations. if someone's fire sprinkler

system is properly functioning, there should have been a one alarm fire, not a five alarm fire. the da's office says the store's automatic sprinkler system was disabled. home depot was notified it wasn't working, but the store did not fix it. investigators also say big piles of pallets were blocking the fire lane and fire connections. when we see that these violations are at one home depot, we want to take a look to see if this is a one off, just one store or or if the other stores also are having the same issues. the investigation found 13 other home depot stores across the county had been issued fire code violations between 2018 and 2023. those have since been fixed. in a statement tonight, a home depot spokesperson says in part, quote , our number one concern is the safety and well-being of our associates and customers, and we're grateful for the opportunity to work with the district attorney to make sure all of our facilities are as safe as possible. why it is something like this have to happen in order for them to take

those corrective actions, especially when you know when it when it you're talking about people safety, right. also people's livelihoods employees that work there people's homes. as for the man accused of deliberately setting the fire to cover up his attempt at stealing tools, dylan has yet to enter a plea in the case. his next hearing is scheduled for june in san jose. jocelyn moran, nbc, bay area news. new at 11 smoke spewing from the tesla factory in fremont. this is right off 880. a fire broke out this evening. investigators say an oven sparked. it happened around 5 p.m. you can see the smoke shooting out from the air fence there on top of the building. thankfully no one was hurt. well, quick work by officers may have prevented a mass killing. that's what the san jose police department is saying about a police shooting over the weekend. police say this video shows what officers encountered as they responded to a report of a man shooting a gun near kilmacolm drive in east san

jose. they say he fired a few shots from his van and took off running. and when officers found him, they say he started targeting them. the suspect then pointed his firearm at one of the at one of the responding officers while aggressively advancing towards him. this prompted a separate officer to discharge his firearm, striking the suspect. yeah, that suspect is, the officer said. is 41 year old ricardo villarreal of san jose. he is in critical condition. police found an unregistered gun at the scene. they also say villarreal had served a ten year sentence for assault on a police officer with a deadly weapon. this is the third officer involved shooting in san jose this year, another freeway shooting, this time in the east bay on 680, in san ramon, at the height of the freeway closure over the weekend, chp says. yesterday evening, a man started firing a gun out of his window north of al costa boulevard. he hit at least one car. luckily no one was hurt. someone was able to

call 911, give the chp a description of the suspect's vehicle. officers caught up with the gunman and arrested him moments later. that man is now facing a list of charges, including attempted murder. well, a new chick-fil-a restaurant could be coming to walnut creek, but not everyone is clamoring to order nuggets with polynesian sauce. there's a public hearing set for tomorrow, and you can expect there will be dissent over concerns that the popular chain will create headaches near a busy intersection. here's nbc bay area's pete serratos. the evening commute can get busy along ignacio valley road and walnut creek, and his wife proposed chick fil a in the area is creating some concern for locals. it's going to create a traffic nightmare. you got northgate high school right up the street. you got ignacia valley down the street, and certain times during day it's going to be pretty chaotic. in march, the city's planning commission approved a conditional use permit to build the chick fil a inside of the citrus marketplace. shopping center on oak grove road, a relatively empty plaza compared

to other shopping centers in the area. an appeal was quickly filed by people who live nearby, citing traffic concerns because it's close to a busy intersection and because the proposed location would not include a drive thru. the appeal claims that will make the shopping center even busier due to food delivery services. however, a traffic study by the city disputes both claims, saying the restaurant would not substantially impact traffic. i think it would be fine, probably there's not a lot in that plaza, so as long as there's parking, then i think the traffic wouldn't be too bad. a city spokesperson goes on to say that no decisions have been made and both sides will be heard. the project made its way through the planning process because it met all the necessary requirements. more information will be known after tomorrow night's council meeting and until a final decision is made. the feelings tonight are mixed when it comes to adding another chick fil a to walnut creek. it is a wonderful restaurant. a lot of people love it, but definitely it could be an issue. yeah, in walnut creek,

pete serratos nbc bay area news. new at 11, a stunning arrest, a 13 year old is in custody for a deadly stabbing inside of a safeway in san leandro. it happened april 2nd at the store on bancroft avenue. police say an 18 year old was stabbed and killed after a confrontation escalated into a fight. the store surveillance video helped to identify the suspect. he was arrested at his school last week. he is 13 years old. his identity has not been. he has not been identified because of his age. outdoor dining may soon disappear in berkeley because restaurants are going to have to start paying up to keep them. the city is giving restaurants three options pay an annual fee to keep their parklets for outdoor dining, pay nothing and turn their parklet into a public park or get rid of the outdoor seating altogether. now, some businesses owners say they can't afford the fee, while others say paying up does make some sense. i do think it's reasonable for some rent to be charged for a

private business to use public space. we've been appreciative that the city has allowed us to do pay monthly for that, which makes it more accessible than like a big upfront yearly, cost. here's how it works. the parklet fee is based on how many parking spaces are being used for that portion of the restaurant, and the hourly rate the city could be getting if the cars were parked there and paying a meter. today, though, was the deadline for businesses to submit their plans to the city. is a north bay business targeting a homeless encampment. people in that encampment say the tire shop next door is blaring music. tomorrow attorneys for the encampment will seek a restraining order against any more nighttime noise. here's nbc's terry mcsweeney in san rafael. it's been on for the last four days. anchor ardalan lives at the homeless encampment

right next door to east bay tire on lincoln avenue near second street. he says. yeah, the music itself is nice in some circumstances, but not when it's put on a loop and it's blaring all night, as it has for the past four nights. they're saying they can't sleep. and, you know, it's just a little alarming, considering that nobody knew about it. we asked the folks at east bay tire for a statement. they said, no comment, but what is curious is that east bay tire has been here at this location for many decades, and the folks have been here at this homeless encampment just across that fence for many months. i asked the president of the marin homeless union exactly what it is that caused the escalation. i think right now the property owner is trying to facilitate is being emboldened by the city of san rafael's antagonism towards camp integrity and trying to help facilitate the city's mission of forcing everybody out. in fact, powelson says, san

rafael is trying to dissolve the preliminary injunction that protects this camp from being disbanded. efforts to contact the city of san rafael for comment were unsuccessful. tomorrow morning, attorneys for this encampment will be in marin county superior court trying to get a restraining order to stop the noise in san rafael, terry mcsweeney nbc bay area news. the issue isn't wages, it is war. tonight uc academic workers are striking over the way universities crack down on pro-palestinian protests. first up, demonstrators at uc santa cruz took to the picket lines today, union representing the academic student employees postdoctoral scholars and academic researchers are demanding, among other things, amnesty for all the students and faculty who've been arrested or are facing disciplinary action from those demonstrations. these workers standing up and demanding changes in their workplaces, were brutally suppressed by the uc. so we're here on strike protesting that, asserting that we have protections and rights as

workers. we have the right to demand changes in our workplaces. strike is just the first of several across uc campuses. university leaders, though, have filed an unfair labor practice charge. they're hoping the state will issue a cease and desist and stop the strikes. we are back in 60s. up next, imagine you call 911 and there's no paramedics available to respond. the ambulance shortage that has a local fire chief sounding the alarm also, some people show up for a party in a backyard they rented out online. only problem is, the homeowner didn't actually rent it out. i'm consumer investigator chris chmura something else for homeowners to worry about. next i'm chief meteorologist jeff ranieri. comfortable temperatures today, but it's going to get even hotter as we head through tomorrow. i've got to lookt

rent them out. it's like an airbnb for pools. but if you're not interested in taking the plunge, one south bay homeowner is warning that you could end up in the deep anyway. he asked consumer investigator chris kamara to hold a startup accountable for him. good evening. a south bay viewer opened our eyes to how easily an imposter can pull down photos from the internet of your home and then post your backyard for

rent. it happens so easily. we did it ourselves a couple times. you need to watch out for this. eric thune put his los gatos home up for sale and moved to santa barbara before it sold. well, of all the things that can go sideways in a home sale, he did not expect this. i get a text from my pool guy saying, do you know there's people at your pool? obviously i was quite shocked and said, no, i didn't. his security camera snapped these photos of this family, eric's pool guy then put one of the strangers on the phone. i said, what the heck are you doing on my property, your trespass thing? he said, no, i rented this house on swimply. demand for rentals hasn't cooled off at all. swimply made a splash as a startup five years ago. it lets people rent pools, decks, backyards and places to hold parties by the hour. some owners and swimply are earning over six digits a year. well somehow eric's pool ended up on

swimply for $46 an hour. an imposter with the username eric daniel pulled photos from the real eric's real estate listing and apparently enticed this family to book. eric informed them they'd both been duped and told him to leave. i think he was probably just as shocked as i was. next, eric tried to contact swimply to get them to pull down the imposters listing. you know nothing happened. eric contacted us. we contacted swimply. we also booked a swim at eric's, but the bogus eric canceled on me and stopped responding when i revealed i'm a reporter. within 24 hours, swimply responded. it refunded the strangers who booked eric's pool and took down the bogus listing, swimply said. it removed it in a timely manner. i don't think 24 hours is a timely manner. eric had one question for swimply how could somebody post a listing without verifying that they actually own the property? we wondered that too. swimply told us any prospective

host can create a listing on swimply. we want it to be convenient for hosts to get started on our platform, it said. eric's case was a very rare instance in which our processes did not correctly identify a fraud attempt prior to a customer booking. i don't believe that one bit. to test out what swimply was telling us, we enlisted our intern, grace. hi, grace. hi, kris. where do you go to school? uc berkeley. do you own a home? no would you like to try to list somebody else's for us? sure we picked a place 300 miles away. a colleague's home in la swimply set up page recommended. we just grab photos from zillow within just a few minutes. grace's rooftop party went live, swimply told us. unverified listings aren't immediately visible to users or bookable, but grace's was immediately visible and bookable. swimply told us its fraud detection processes can remove bogus listings within 24 to 48 hours. we waited 96 hours, then checked in on grace's

rooftop party. so is your listing still active? yes and did swimply ever ask you whether you actually own the place? no. or that you have authorization to rent it? no. nothing. nothing. simultaneously, our colleague in la listed our boss's pool in san jose. same result. no verification, but instantly listed and bookable. our listings were up for weeks with no verification. we shared our results with swimply. it acknowledged some fraud slipping through their checks. now it's making changes. new host verification, phone calls, additional id and bank info checks, plus a new button to report suspicious listings like eric's. it's a monstrous liability issue. so he says look out for imposters trying to profit from your home. put a camera in your backyard and here's something else you can try. try to pull down the photos of your home that are on real estate websites like zillow and redfin. you can do that by asking your real estate agent to

turn off what's called syndication. or you can contact the websites directly. eric contacted us online. you can to scan the qr code on screen right now to fill out our consumer complaint form online. that's some interesting stuff. i know you expect, like maybe the kids down the street to use your pool when you're out of town, right? yeah, but not like total strangers to show up through an organization. that was a good yikes. yeah. take it away, jeff. well, the pool in your backyard, that is yours. we do have some great weather to maybe take a dip in that pool over the next couple of days. we have this area of high pressure that's building in across the west. it's going to get a little bit stronger, move closer to california. so that's going to keep that warm and sunny weather. and actually some unusual rainfall right up towards washington and oregon. we'll get you more details on these temperatures, plus huge changes for the upcoming weekend right now in your microclimate forecast. so let's roll it right into your tuesday morning. we got monday out of the way. and as we started off tomorrow

morning, pretty simple. pretty easy here. temperatures in the low 50s mostly sunny skies, heavy at 52 in the peninsula over to san francisco. commuting there for work 51 and low 50s for the north bay, and right back here for the east bay. so you might just need a jacket here for a little bit for the morning. then as we move through the afternoon, with that area high pressure getting stronger, we're going to warm 4 to 6 degrees. so look at this. we are in a lock here for these low 80s across the south bay. although some of the hottest weather will be out here towards inland contra costa alameda counties 87 in antioch, 84 in livermore. nice day out there in oakland at 75. beaches still remain chilly here. 62.5 moon bay but down to palo alto will be at 80 san francisco. some 70s right out here across the mission will be close in downtown as well. and then for the marina, 63 and up towards wine country 84, in santa rosa, mid 80s in napa. so sunny, dry, warm tomorrow. but things will be changing by the end of the week. and for the start of the weekend. not one, but two different cold fronts

dropping on down some late season fronts moving on in. i don't see any rainfall for us with this right now. it looks like that again will stay up towards washington and oregon. but look at the dramatic difference in temperatures. we're going to go from 81 in concord on wednesday down to 65 on saturday. so chilly start for the beginning of the weekend. then by sunday we're up to 73 memorial day 76 and should hold on to some 70s through next week. okay, i want to take a quick detour out here towards the midwest. if you're doing any traveling, a high risk of tornadoes right here in cedar rapids, iowa. and really, for all the midwest, the chance of some damaging thunderstorm activity through tomorrow, we'll continue to cover that, of course, here through tomorrow, right here across san francisco, staying in the 60s through friday. then we'll drop it off into the 50s this upcoming weekend and look at that difference in the inland valleys. 85 tomorrow, 67 saturday, memorial day on monday. that's going to be comfortable, though. we'll be coming in at 77 degrees. so it's, you know, quite a roller

coaster coming away this week. tomorrow looks really nice. yeah right. thanks, jeff. up next chatgpt in hot water. the san francisco company that owns the site is battling with hollywood star scarlett johansson. it's all about her voice. and we have jimmy. hey, everyone. eddie redmayne is my guest tonight. michael mcdonald and paul reiser will be joining us. plus we have music

has created a state of crisis. the county fire chief says an increase in 911 calls a shortage of paramedics and not enough space at local hospitals are all contributing to the problem. county standard for offloading patients at the hospital is 20 minutes, but many ambulances are waiting 90 minutes before being taken to the e.r. and the ambulances can't respond to

other calls while they're waiting. the fire chief says too many people are calling 911 when they should be actually going to their personal doctors or to the urgent care themselves. from the moment that somebody calls 911, there is a constraint on the supply of ambulances. there is also a constraint on the supply of hospital beds and emergency department beds. last thursday and friday, the county reached level zero for several hours, which means there were zero ambulances available. hollywood actress scarlett johansson is not happy with chatgpt, which is owned by san francisco based openai. chatgpt is now pulling one of its new features, the voice feature, because the voice that it's using sounds very similar to johannsson. here's the back story. last week, chatgpt debuted its new chat bot. it can answer your questions by speaking back to you, but people started commenting immediately that one of the voices sounds a lot like chatbot, that the chatbot that johannsson played in her 2013

movie called her hears both voices for comparison. where did you get that name from? i gave it to myself, actually. hey, chatgpt, how are you? i'm doing fantastic. thanks for asking. how about you? how's your day going? i'm doing great. so johannsson issued a statement today saying openai wanted to use her voice, but she declined. so she was stunned when the new voice came out sounding like her. openai said its ai voice is based on a real voice actor and was not meant to imitate johannsson. a battle brewing over elvis presley's famed graceland estate, the historic home is set to be sold off at a foreclosure sale thursday. presley's granddaughter, riley keough, who is the current owner, is fighting the sale. she filed a lawsuit claiming fraud, according to the legal notice, presley's daughter, the late lisa marie, signed a deed of trust in 2018 to secure a $3.8 million loan, using graceland as collateral loan company claims lisa marie did not pay back the

money prior to her death last year. keough says the signatures were forged and a temporary restraining order on the sale was issued today, and an injunction hearing is set for wednesday. all right. up next, warriors and 49 ers. but the

are back at work today. they kicked off a series of practices with the rookies and the veterans. no media allowed today, but we will be there tomorrow when it is open to us. brandon aiyuk, by the way, not expected to be there. he's still working out a contract with the niners. warriors news today brandon pisemsky was voted to the all-rookie first team. that's a big deal. the 21 year old was drafted out of santa clara university as the 19th overall pick last year, and he's paid off really nicely for the warriors. he's soon earned a spot in the starting lineup, taking over for klay thompson all right where was the big party tonight. look at this in

edmonton. the canadians love their hockey. the fans celebrating the oilers who beat the canucks in game seven. this game was in vancouver. the party was in edmonton but this game was actually in vancouver. the oilers hold on for a 3 to 2 win. they now face dallas in the western conference finals. edmonton, by the way, hasn't won the stanley cup since 1993. well, tomorrow the giants open a series in pittsburgh. today, center fielder luis matos was named national league player of the week. in six starts, matos went ten for 26 with two home runs, three doubles and 16 runs batted in. matos is the new center fielder, remember, because jungwoo lee is out for the season with a shoulder injury, the giants, coming off a sweep against the rockies. the a's, by the way, hos