The baby suffered second and third-degree burns during a bath in 2003, when her sister flushed the toilet and the water running into the bathtub became scalding. The lawsuit had alleged that the gas company had set the water heater's thermostat to 140 degrees, although the company itself recommended a setting of 120 degrees to avoid scalding. 

The Visalia Times-Delta reported that the apartment's gas service had been disconnected because of non-payment. The Tulare County Housing Authority was also sued, but reached a separate settlement.