SAN MATEO COUNTY (KPIX 5) – As a Silicon Valley billionaire faces questions over blocking access to a San Mateo County beach, whales were spotted close to shore on Tuesday.

Chopper 5 spotted at least three whales off Martin’s Beach on Tuesday. The whales appeared to be two adult whales and one calf.

Experts from the California Academy of Sciences told KPIX 5 that the sea creatures we spotted were gray whales.

May is typically the time when whales start migrating north with their calves. They have left the warm waters of Mexico and are headed up to feeding grounds in Alaska.

During the migration, the gray whales travel close to shore where the waters are shallower, and safer from predators such as orcas.

Vinod Khosla, a billionaire investor co-founder of Sun Microsystems, is accused of violating the California Coastal Act after buying property next to the beach and closing off the only access road. Khosla testified in the case on Monday.

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