as bart reveals a new move to examine its policing practices. good evening, everyone. >> we begin in fairfield. fire crews at the scene of a fire that spread to a motel. it started just off i-80 around 7:00 this evening. embers blew on to the roof of a motel six, catching it on fire. sending the hotel guests scrambling for safety. >> people were running around, smoke alarms went off just turned around, jumped in my clothes and there was smoke and embers, couldn't hardly see nothing. >> pretty scary for those hotel guests. guests have been moved to other hotels for tonight. in the east bay tonight, crews are checking for hotspots after a brushfire that broke out around 3:00 this afternoon. 20 mile an hour winds and dry conditions fuelled the flames. fire burned more than 120 acres before crews contained it this evening. making headlines tonight, has the bart police department improved since the much publicized shooting death of oscar brand? >> this is all happening the same week the highly acclaimed movie will be premiering in oakland. terry? >> reporter: the shooting of oscar grant got the wheels of reform in motion. now this movie's coming out about the last day of his life, it may be pointing out some of the problems with the bart police department. soon we'll be finding out if those problems have been correct corrected. >> i think it's a good idea. >> the family of oscar brandt and other clients have been sued. he applauded the police chief for bringing back patrick oliver for an assessment of police reforms in the three years rainy has been chief. >> i think the department has often not examined themselves by outsiders. they can become very insular and not really have the critical eye that's needed. >> oliver will look at ten specific items including training, use of force, biassed based policing, internal affairs and discipline thursday night, burress and other invited guests will open. it's about oscar grant's last day on earth. when officer mehserle shot him to death as he lay on the bart platform. >> whatever those findings were that created the circumstances for the incident they have been incorrect. >> it sounds like a little thing, but it's fairly important, instead of coming into the car looking more intense, they look friendlier. >> i have a pass on bart, i called, but nobody ever called me back about it. >> when was this? >> this was about three, four months ago. i still haven't gotten called back about it. >> it's not really about bart, it's about a young man who was trying to turn his life around, only to have it end so suddenly. the showing on thursday is for a select group of people. the movie opens to the public july 12th. terry mcsweeney, nbc bay area news. cisco field in downtown san jose, is it closer to reality? major league baseball is firing back, blasting san jose's bold legal move in a high risk, high reward lawsuit, the city filed a federal lawsuit against the leag league, the a's want out of oakland. george, fans from across the bay area have plenty to say about the a's possible move. >> they do. and you see many of them right now streaming outside of the stadium. they just watched the all-star game. they support the idea of a major league team here, they say san jose suing major league baseball doesn't surprise them. while the all-star game between the california league attracted a sellout crowd, the buzz in the air was about something more major league. >> san jose is a big city, and we deserve a major league ball team. >> matt is a big time san jose giants fan, it's quite clear he wants his city to have a major league team. the city of san jose agrees, but its patience with major league baseball has fizzled. after four years of waiting to see if the oakland a's can move down south, they're taking mlb to court. >> the future mayors and future councils will be able to seek a baseball team without those restrictions getting underway. >> the 44 page complaint accuses major league baseball of a conspiracy to deprive the city of san jose from having a major league team. >> i support what the city of san jose and the a's are trying to do, as the resident of oakland very sad. >> they have cooperated with major league baseball since the process began in 2009. the city council voted unanimously to sue, expressing frustration over what they say is mlb's failure to move things along. susan hammer tried to get a major league baseball team in san jose in 1992. she hopes this time around the city is successful. >> my hope is, this will be resolved sooner rather than later. >> it may backfire, i think, yeah. >> the san francisco giants and oakland a's had no comment. mlb released a statement tonight, the lawsuit is an unfounded attack on the fundamental structure of a professional sports league, it's regrettable that the city has resorted to litigation that has no basis in law or fact. >> thank you. san jose is playing hardball, hiring a high profile lawyer who sued enron, bernie madoff and the bush administration. >> it's all about greed. this is not only a legal case, this is a moral outrage. you see what's happen iing. this is the tenth largest city in the nation. they're being subjected to a cold shoulder by bud selig. we're taking this case to the community, santa clara county, the people of san jose, and everyone who lives in that area. >> many feel this case will not go to trial. there will be a settlement between san jose, the league and the san francisco giants. they're not charging san jose for his services. there are other ballpark proposals on the table and off the table. the freemont plan was scrapped in 2009 and three others, each of which would keep the a's in oakland, the idea to build a stadium in jack lemmon square died in 2010, there's still talk of a waterfront ballpark site at the port of oakland. in march, oakland mayor announced a plan called coliseum city, which would mean demolishing the current facility along 880. the a's have made it clear they want to move to the south bay. a great kid who loved to play. a bay area police officer and his family are mourning the death of a 6-year-old boy mauled to death by their own dog. he was playing in his uncle's backyard when a pit bull attacked him, biting him in the head. his officer is a san mateo police officer and was home when it happened. he says the officer did his best to try to save the boy. >> he removed the dog from the child without incident. the dog let loose of the child right away. >> he was a good dog. i don't like dogs at all, and this is the first time we actually ever took a dog in. >> it's just a dream. like a bad dream. i wish i could wake up. >> police say this appears to be nothing more than a tragic accident. the dog remains in quarantine tonight. the gay pride flag is stirring up controversy just days after one north bay city hoisted a flag up the city hall flag pole. the city brought it back down. jean ellie is live to explain the politics behind this removal. jean? >> the rainbow flag flu here in front of the calistoga city hall for a few days. the city took the pride flag down when it got complaints about how it got there. >> many california cities are raising the rainbow flag, calistoga is taking it down. >> it's a very open community. has been for decades. >> the mayor says all are welcome, but where's the flag. >> in fairness, we didn't give it the full vetting under public comment. >> calistoga raised the rainbow flag for the first time friday. the council agreed to fly it for pride week after a resident suggested it at a council meeting. by monday, people wanted to know why, the public wasn't part of the process. and what other statement flags would be allowed. that's when the flag came down. >> there were no ordinances against flying a statement flag. but also that there weren't any formal policies on hand for the city. we chose after consulting with our council to take it down for now. >> some in calistoga say it's a ridiculous debate. >> very open, to tell the truth, i'm surprised about this. >> others say city leaders forgot to include all the people they serve. >> it should go through a democratic process. it's a government building, represents us, the people. if it's a private building we should do whatever we want. >> with or without the flag, calistoga has pride. >> it was a little disappointing, but i do appreciate and understand the concern. >> the city council plans to develop a statement flag policy, the mayor is hoping maybe next year the pride flag can fly the entire month. reporting live in calistoga jean ellie nbc news. you don't need a tech background to do what you're doing? >> your medical secrets, even the pills you pop are up for sale. we investigate an underground market trading your secrets for cash. the new designation for obesity that could change the way doctors and insurance companies handle it. and good evening, i'm jeff ranieri, very gusty winds today anywhere from 20 to 50 plus miles per hour, the top gusts in novato at 51. what it means for airport delays in a few minutes. obesity officially has been designated as a disease, that's the word today from the american medical association. >> the ama says it will label obesity as a disease requiring medical treatment. recognizing obesity as a disease will help change the way the medical community treats the issue. it might be happening to you and you don't even know it your personal medical information being sold on the black market. vicky winn joins us with her investigation that's surprising a lot of people. >> you may never have been to india or south america. but chances are private details about your medical history have been sold to strangers all over the world. they use that information to make money. we found one of these sellers and he agreed to reveal how this business works. >> that's the right medicare number? >>. >> i had no clue this information was out there. >> we called, we knocked. >> are you floyd? >> and we found people all over the bay area who had no idea we knew personal details about their medical condition. >> are you miss jackson. >> their insurance number. we even knew how often they take their medicine. >> you do daily testing two times a day, correct? >> right. >> it's an international black market for medical information, private details only you and your doctor should know, available for as little as 10 cents a record. >> this is big business. >> this is a big, big business. >> this man agreed to skype with us from his home in costa rica. we wanted to know how he had thousands of california records. >> is your favorite color green? >> yes. >> you are sort of a middleman? >> it sounds bad to say it that way, but i guess i am. >> he got the records from india, and took us into the world where this information is sold. the major players transfer data on linkedin. >> you don't need a big tech background to do what you're doing. >> >> as long as you know how to use a keyboard and mouse and can speak english, you can do this. >> they're charging their insurance for supplies like diabetes test kits, even wheelchairs. >> telemarketers are filling in the gaps in medical information by fphishing over the phone. >> what is your name? what is your doctor's name. >> i think he was probably lying to people. >> i don't need this. >> lies that sounded familiar to many of the bay area victim the we found. >> i get calls from all over. >> you need my identity. >> theresa even got a phone call while we were at her home. >> no, i'm not going to -- you already have my identity. you call me on my phone -- >> callers promising free medicine. >> nothing's free. you pay for it one way or another. >> she's right. our source says these items would later get charged. >> how profitable would you say this is? >> you can get thousands of dollars per day. >> on the black market can you get more for medical information than you can for a social security number. >> lisa shipperly says your information can also get leaked by insiders at medical facilities, and hackers who breach online medical records and the effects go beyond your wallet. if somebody's medical information is stolen, it may result in denial of health or life insurance. >> the ftc says ask your insurance company for an explanation of benefits each year. look through it to make sure you haven't been billed for something you didn't order. >> how did they get my phone number, it's unlisted. >> are you on insulin? it says you are. >> yes. >> buyers and sellers in this medical information market are counting on you not to know. >> it makes me feel like i've been intruded upon. >> and now you're showing me i have to be more alert. >> we want to be clear, we destroyed all the medical information we obtained for this story. we also have more information on our website, which shows what medical facilities have had breaches since 2009. enter your hospital or insurance company name in the box and click search. vicky winn nbc bay area news. >> some of our best stories come from our tip line you see the information on your screen. 888-996-tips. or send us an e-mail at theunit@nbcbayarea.com. if you're headed out to the airport for tomorrow morning, the winds look like they were impacting the area. anywhere from 10 to 20 miles per hour across the bay area. we had max wind gusts in novato. we expect it to stay windy throughout the next 24 hours. if you have an airplane ticket and you're heading out for tomorrow morning, do expect major delays. right now we're running three hours behind. at last check on the faa's website, that's going to trickle over to tomorrow morning, with low clouds in place, expect delays for tomorrow morning. we can expect clouds for the bay and the interior valleys. tomorrow tea going to clear out quicker. and we expect sunshine in the east bay and south bay. not a hot day for us, even by 4:00 p.m., we're looking at mid-70s inland. live hd sky camera network, you can see on your hd screen toward the top, that's part of the marine layer moving throughout the south bay. up toward oakland, not looking too bad, a few areas of patchy fog that's developed across the east bay, overall downtown looking good, and also. yes, fog free at the bay bridge right now, can you see the camera shaking around in the wind. we'll talk more about that wind coming up here in a moment. let's get to our fog factor forecast for tomorrow morning. i do think all counties here in the north bay, marin, napa, sonoma county will be dealing with low cloud cover. also for the trivalley, including walnut creek, alamo and san jose, for the peninsula, the thing about tomorrow, as we already mentioned, it looks like that fog's going to push back just a little bit sooner even by 11:00 a.m., we're expecting sunny skies for most of the bay area, with just a little bit of that fog lingering from the coastline. then something odd will happen tomorrow, by the evening hours, looks like all that fog will start to clear out in advance of our warming trend. throughout tomorrow we'll see gusty winds here, anywhere from 50 to 30 miles per hour, this should be the last extremely windy day coming in our forecast. as far as temperatures go, it will be below average in the south bay, 75 in san jose, 75 in morgan hills, for the east bay, we'll top out at 75 in president anton. 77 in san francisco, 57 in bodega bay. 77 in santa rosa. temperatures continue to warm up as we head throughout friday. and our first full day of summer, with mid to upper 80s, and that trend continues as we head throughout saturday. and also sunday. note that forecast change by monday. a 25 chance of showers. just because we're heading into summer doesn't mean we're going to be totally dry, at least by mother nature. >> no. >> yes, 25%. another dramatic ending for the giants and an overtime thriller for the nba finals ahead. look at 'em. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] add a wireless receiver. call to get u-verse tv for just $19 a month with qualifying bundles. rethink possible. searching for a new apartment? you could face discrimination based on your sexual orientation. >> the research found same sex couples received fewer responses from rental agents than straight couples when responding to people online. gay men have it tougher than lesbian women. we're back in a moment with the dramatic night in sports. medications? i don't know. last immunization shots? really? honey, what's my blood pressure medicine called? one time i took something and i blew up like a puffer fish. i'm probably allergic to that. at kaiser permanente, your medical information is available to you and your doctors. quickly. securely. no guesswork required. better information. better care. kaiserpermanente. thrive. ahmed fareed at the xfinity sports desk. the a's took care of business against the rangers. give you the highlights at at&t park. taking on the padres, to start, chris d'onofrio a single to center. that was a bad idea. juan perez has a gun. misses, and it gets them on the down swipe. nice play. in the eighth inning, tied 4-4. perez went through the hole in right, bell comes in to score. 5-4 the final giants get the victory. two games in the division, we're 2 up. a.j. pierzynski bottom of the inning, ian kinsler trying to score here, and he is it colliding with john jaso. rangers cut the lead to 3-2, that was all that texas could muster. a's win 6-2. game six, the nba final, spurs lead 3-2. fourth quarter, we got second to play, off the lebron miss. ray allen desperation three. wouldn't you know we got a tie game in ot. heat up one, less than 10 seconds to play, manu ginobili drives it. i don't know, last chance for san antonio. heat win by three, there will be a game seven in the nba finals. one more note, the sharks have locked up logan with a five-year contract extension. brody brazil broke the news of the extension, which he has said is worth a total of $30 million. a deal that cannot officially be signed until july 5th. ready? happy birthday! it's a painting easel! the tide's coming in! this is my favorite one. it's upside down. oh, sorry. (woman vo) it takes him places he's always wanted to go. that's why we bought a subaru. (announcer) love. it's what makes a subaru, a subaru. check this out. it looked like a scene out of an action movie. the tahoe national forest over the weekend, the boys were stranded on a narrow cliff shelf nearly 9,000 feet up. a helicopter and small plane were used to pull them to safety. winds in excess of 20 miles per hour made the rescue difficult. it took several tries to reach them, they finally did, and they are safe at home tonight. >> amazing to see that video. >> clinging on. >> thanks for joining us here at 11:00. >> we hope you have a great night. star command, i'm detecting high levels of happiness. luscious locks there's an entire land here...with living cars. now this is flying... with style. great glittering galaxies. disneyland resort just got happier, see it all with a 3-day park hopper ticket. i now appear to be lost in a deep dark cave... >> announcer: it's "the tonight show with jay leno," featuring rickey minor and "the tonight show" band. tonight, jay welcomes -- emmy award-winning comedian, kathy griffin, from "mike and molly," billy gardell, the music of grouplove, and fake spokesperson auditions. and now, jay leno! [ cheers and applause ] ♪ [ cheers and applause ] >> jay: thank you very much. [ cheers and applause ] welcome to "the tonight show." nice to have you all here. thank you very much. oh, yeah. hey, you all -- [ cheers and applause ] have you been watching the nba finals? pretty exciting, the nba finals, boy. you know they have this new