E.C.

E.C. v. Lincoln Military Property Management LP

Good Law
United States District Court, Southern District of CaliforniaJuly 21, 20233:21-cv-02070California2,375 words

Opinion

Trial Court Opinion

I. BACKGROUND AND NATURE OF THE CLAIM

19 Plaintiffs filed a complaint alleging claims for personal injury against Defendants 20 Lincoln Military Property Management, LP, LMH Holdings, LLC, Camp Pendleton & 21 Quantico Housing, LLC, and LPC Pendleton Quantico PM LP (collectively, 22 “Defendants”). Dkt. No. 8. The Complaint alleges that Plaintiff Johnathon Merten 23 (“Merten”) turned on the faucet of the bathroom sink to give his 21-month-old son, Z.M., 24 a bath. Merten felt the water before putting Z.M. into the sink; it was lukewarm to the

1 This case was assigned to U.S. Magistrate Judge Daniel E. Butcher for review of the Minor’s Compromise, and the parties subsequently consented to the undersigned’s jurisdiction for purposes of reviewing the Minor’s Compromise. Dkt. Nos. 76–79. touch, not hot. Id. at 8. Merten placed Z.M. into the sink. Id. Z.M. was enjoying the bath and playing with the water when he turned the hot water handle. Id. Within seconds, the water became scalding hot. Z.M. screamed in pain. Id. Merten immediately pulled Z.M. from the scalding water. Id. Z.M. continued to scream and cry in pain; the scalding water 5 …

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