Passengers, hit the truck, the truck went into the water. That truck hit a woman on the raft. As i mentioned, both people were taken to John Muir Medical Center with moderate to major injuries. Thats the extent of things we know of their condition. The toyota truck was thrown into the water. The impact on the passenger side seems to reinforce from my source that the driver was pulling the jet ski out of the water and for some reason, whatever would be that we cant explain at this point, may have stopped his truck on the tracks. We should point out back here live, here comes another amtrak train right now. That may give you a sense of the speed at which this impact happened. That is the amtrak train headed toward oakland as we speak. That intersection you see, this crossing right now is a private crossing. It has no wig wag, no bells, no crossing arms that come down. And a source here tells me that they are not required on private crossings. That is the latest at this point. There were 145 people on the train. We are told that none of them were injured and the train after stopping here after stopping was able to continue from bakersfield to oakland. Im chuck coppola, nbc bay area news. Chuck, thank you for the update. 27 hours later and till burning, crews are trying to get the upper hand on the fire. Its burning between livermore and tracy. The flames have charred 2500 acres. Weve just learned the fire is now 45 contained. Nbc bay areas kr ar yy area ch live to give us a report. Reporter theyre saying that basically the fire has not grown. It has stayed consistent at 2500 acres burned. The new information, as you said, now its 45 contained. I guess lucky is not the word. I feel blessed. Reporter the horses are back and safe. A ranch in the path of a fire near livermore had a close call but appears to be in good shape. They kept it from getting to the house. The firemen went above and beyond. I cannot thank them enough. Reporter the fire started yesterday and grew quickly to 2500 acres burned by midday today. In Rolling Hills in drought conditions. The wind were favorable today. They continue to be favorable as compared to yesterday afternoon. The winds have picked up a little bit this afternoon. Its becoming a little hotter. Reporter firefighters say the forward progress has been stopped and hope to strengthen containment lines. They say resources were strained but some firefighters on the way home were reassigned here and they fought hard. In this case, we were able to save approximately six Single Family dwellings and numerous outbuildings. And unfortunately, one residential dwelling was lost. However, that dwelling was already abandoned. You see it happen in other places, but you never think its going to hit close to home. Reporter 250 firefighters are involved here in the livermore area. Were told that that number should stay about the same, shouldnt grow and they say the cause is still under investigation. Reporting live in livermore, christie smith, nbc bay area news. The socalled fire burning in San Luis Obispo county is so big, theyve called in the National Guard. Men and women are protecting the town of santa margarita. Heavy equipment is coming in handy. Fire is burning in the cuesta path, north of sn louis obispo. Full containment is expected by next wednesday. Scientists are confirming that this past jul was the warmest on record. Not in california or the u. S. July, the hottest month on earth since people started keeping track. Heres a look at the data from noaa. All the areas in red were hotter than normal. Areas with the darkest red broke heat records. If you look closely, california, nearly all of the state was warmer than usual. Chief meteorologist jeff ranieri joins us with a closer look at that. Jeff, we did have recordbreaking temperatures. We have had numbers from 100 to 106 degrees in california in july. A lot was due to that strong ridge of High Pressure across the west. When we look at that, were not talking about an average of 110 to 120 degrees. Its an average accounting in all of the different temperatures and it was 61. 86 degrees for july. That is now the warmest in 136 years putting it 1. 46 degrees above average. When the earths temperature raises 1 to 2 degrees above average, that is significant. Now, specifically for the united states, it wasnt a huge jump above average. It was. 2 degrees before the typical average here at 73. 9 degrees. Back across the west, what is significant that we have been talking about are the sea surface temperatures. Record setting warmth out here. 1. 8 degrees above average and it is now known that the warmer sea surface temperatures likely did come into play with these warmest ever averages in july for our coastal locations of half moon bay, santa cruz and also for monterrey. Theres no telling whats ahead here once we head into the el nino with that warm weather out here. Well continue to track that pattern as well. Ill be back in 15 minutes with the full forecast. Thanks, jeff. You can track temperatures in your own neighborhood with our free app. She wants her guns back and a woman is suing the city and Police Department to get them. Police took the guns two years ago because her husband was put on whats called a psychiatric hold. Nbc bay area Michelle Roberts is live outside the san jose Police Department with the Second Amendment legal fight. Michelle . Reporter the city says police had every right to confiscate the guns. The reason theyre holding them now is out of the abundance of caution. The owner of the guns, the woman who filed the lawsuit has followed all of the laws and says its her right to have those guns back. I think its the right for everybody. You should be able to protect yourself. Reporter Lori Rodriguez is the owner of 12 guns, similar to some of these. At her request for privacy, we arent showing her face. Probably million to one, never ever have to ever use it. You never know. Reporter rodriguez and her lawyer are suing the city and sjpd to get the guns back. Following an incident when her husband was held for psychiatric evaluation. Because of that, hes currently not legally allowed to access weapons and they live in the same house. That doesnt mean she gives up her rights to have a gun as long as she follows what californias law is and to use a gun safe. The City Attorney rick doyle disagrees. Last year, a superior court judge ruled in the citys favor and doyle is confident the federal judge will do the same. Well be acting with an abundance of caution, yeah. Were concerned about somebody having access to firearms who shouldnt. Reporter doyle says just because theyre in a locked safe doesnt mean mr. Rodriguez couldnt gain access. We dont want to turn the guns back over to her and we dont have to turn the guns back over. The courts have agreed with us. Reporter rodriguez says she will continue to fight for her property and Second Amendment rights. Every situation is different. It should be treated differently as every situation is. Reporter the City Attorney plans to fight the case. So far the papers have not been served to the city. Reporting live in san jose, Michelle Roberts, nbc bay area news. Meltdown for the market. If you havent checked your portfolio, you may not want to do that. How long will the skid last and whats behind it . We bring in scott budman who has been tracking the market. The analysts say dont panic, wait it out. Is that still the game plan . It was an ugly day today. But lets get back to the numbers. Bad enough for many investors to begin to worry about the future. Lets look at the numbers. The dow down 358 points today. The biggest stock selloff since early last year. The market down for all of 2015. Look at the nasdaq, 141 points. A big drop lower by a mauling in netflix, apple and twitter which fell back to the ipo price. The reason for the drama . Concerns about weakness in china and greece and also because of the big slide in the price of oil, which while good news for commuters who have seen a drop in the price of gas, also worrisome for our overall economy which makes a lot of money from energy and oil. Big question where do we go from here . Its too early to panic and despite the ugly numbers, we got good news tonight. Sales force, reporting higher than expected earnings. Stock price higher after hours which will help tomorrow morning. Jessica well be back tomorrow with the latest. Thank you very much. Business booming, pinterest, the company adding another office bilgd. They have an office in the soma neighborhood. It will add another 150,000 square feet of office space. Construction starts next year and should be ready in 2017 to move in. Im Mark Matthews at the federal courthouse in San Francisco. Berkeleys cell phone ordinance was at the center of a legal argument with highpowered talent on both sides. Well tell you about it coming up. An infestation of bugs at burning man. Were going to explain whats going on and whats being done to get rid of them for this years festival. A new sea chance to tryew look. Something different. This summer, challenge your preconceptions and experience a cadillac for yourself. The 2015 cadillac srx. Lease this from around 339 per month, or purchase with 0 apr financing. Im a Customer Relationship im roy gmanager. Ith pg e. Anderson Valley Brewing company is definitely a leader in the adoption of energy efficiency. Pg e is a strong supporter of solar energy. We focus on helping our customers understand it and be able to apply it in the best way possible. Not only is it good for the environment, its good for the businesses bottom line. These are our neighbors. These are the people that we work with. That matters to me. I have three children that are going to grow up here and i want them to be able to enjoy all the things that i was able to enjoy. Together, were building a better california. An emotional farewell today as the men and women of the Contra Costa CountySheriffs Department said goodbye to a fallen friend. The deputy died in lake tahoe last week while trying to rescue someone he thought was drowning. Jodi hernandez is live where the 30yearold deputy lived and where he was laid to rest today. Reporter janelle, the deputies friends and colleagues say he was a shining example of what a Law Enforcement officer should be, hardworking, dedicating and giving. He gave his life trying to save someone elses. He was handsome, successful and humble. And he showed his love for people by his actions. It was that overwhelming sense of duty that friends and colleagues of 30yearold Carlos Frances will remember most. Thousands gathered to remember the sheriffs deputy who drowned in lake tahoe while trying to save a friend he thought was in distress. He dove into that water because saving his friend was more important than even saving himself. Reporter while he was off duty at the time of the tragedy, the officers Law Enforcement family says hes nothing short of a hero. He died honorably doing exactly what he swore an oath to do. His family shared memories of his childhood. He grew up playing football, Little League and track and having wild adventures with his brother. Me and my brother, going to walk in heaven again and were going to drive camaros and going im going to break my arm. His fellow deputies carried their fallen friend as he made his way to his final resting place. Godspeed, Deputy Carlos diamond frances. Reporter the Contra Costa County sheriff says frances had a Bright Future ahead of him. He aspired to become a lieutenant in the department. He ended up only serving less than four years. Reporting live in sacramento, im jodi hernandez, nbc bay area news. Thank you very much, jodi. Things are okay now and dry. It didnt look so good this morning when police say a woman slammed into a fire hydrant after a highspeed chase. Officers tried to pull the woman over. This is happening in san leandro at 3 00 in the morning. Then she took off and raced across the bay bridge at speeds over 100 miles an hour. She then crashed on mission sending water shooting into the air. A legal showdown over radiation warnings. Cell phone companies are taking berkeley to court over the plan to put warning labels on phones. The hearing in San Francisco should result in suspension of that ordinance which mandates retailers tell you how much radiation your phone emits. Nbc bay areas Mark Matthews is outside the federal courthouse where a couple of highpowered attorneys are duking it over that issue. Reporter the city of berkeley side, lawrence, a harvard law professor and president ial hopeful and on the other side, ted olson of bush v gore and prop 8 fame. At issue, a warning thats already on your cell phone. You probably never have seen it. The city of berkeley wants anyone buying a cell phone in the city to get a notice about the f cc standard for cell phone radiation. This is the notice. In short it says, if you carry your phone in your pants, shirt, bra, you may exceed the federal guidelines for ex poush sure to radio freak si. The gist of that is on your phone but its not easy to find. You dont know where to look. A Senior Researcher showed me on my iphone. Its under about four headings in little type that you cant make any bigger. What berkeley did is discovered that theres nothing they can do about that. The city passed an ordinance to make sure that customers get the message. Its nothing more than informing the citizens of berkeley of the thing in your manual to give them the freedom to choose whether this is something theyre concerned about or not. Reporter in court today, there were lots of government warnings and nobody thinks anything about them. Ted owe olson said this warning violates the cellular retailer First Amendment protections. The government cannot tell you what to speak. But the government cannot tell you what you cannot speak. Reporter he argued that the city of berkeley has no right to order them to deliver the citys message. The government can send its own message. Its been broadcast and communicate in any way it wants. It cannot con script private citizens to sell the governments message. Reporter federal judge edward chen listened to the argument for an hour and a half this afternoon and then took the case under advisement. Well let you know when he makes a ruling. Reporting from federal court in San Francisco, Mark Matthews, nbc bay area news. Thanks, mark. It turns out there will be more than thousands of people at burning man. Green pests shaped like a coin are biting workers who are currently setting up the annual event in the nevada desert. Theres good news. They say theyre not blood suckers and dont pose a health risk. Recent rain could be attracting them. Investigators are heading to the site to take samples of the bugs to gather more information to see if anything can be done about them before the festival. More than 70,000 people are expected to tend burning man from august 30th to september 7th. Exhausted firefighters on the frontlines of the biggest wildfires theyve ever seen. Dead fish washing up on to dry steam beds stream beds and small Central Valley towns worried about running out of water. All impacts of the california drought. A new report paints a more distressing picture of california if the drought extends farther into the future. Researchers say two more years of drought would mean more raging wildfires in some Rural Communities running out of water entirely. The Nonprofit Institute is urging our state to do more to deal with the problems early. Including making sure the smaller towns get new water supplies. Lets turn things over to jeff ranieri and talk about the temperatures that have significantly cooled down for us. Obviously, still no rain in our forecast. The cooler temperatures, has been a little bit of good news. Increased moisture at the immediate coastline to help with short term fire danger but doing nothing for the drought. This map is updated daily. We have the worst levels throughout the Sacramento Valley up to lake tahoe. The bay area, it is the mid range here with extreme levels in santa clara, contra costa and san mateo counties. As we look right now, theres that fog that has increased some of the moisture at the immediate coastline and drizzle over the past two days. Thankfully, that helps to get us out of the triple digits. Youll see blue skies at the current moment. What does this mean as we look at the forecast for tomorrow . We think the fog comes back again for the interior valleys. There are some of the spotty drizzle we may have happen. Not a lot in the way of thick cloud cover for san jose. But i think well have low clouds moving in. We do have sunny skies anticipated through the afternoon on fridays forecast. Check it out. Fog will stay put from point reyes to santa cruz. Lets get you into the numbers. South bay, 85 degrees. Peninsula at 78. For the trivalley, no 90s. Near average at 86. San francisco cool with the 68. Light jacket weather. For the north bay, 83. As we push ahead towards saturdays forecast, you will notice some slight warming. Were talking 1 to 3 degrees. That will put the south bay here in the upper 80s. Also the same thing for the friday valley and San Francisco will stay in the 60s. Well have more on the extended forecast in about 25 minutes. Also, an awesome look at the fog from a very cool nasa satellite, you guys. Cant wait to see that. Thank you, jeff. It was an extreme jolt. Still ahead. Emerging from the rubble. Were going to see what it took to rebuild after last years earth quake. A rare and endangered species could be