On Sunday, Jan. 16, 2011, plaintiff Eli Jakobashvili, 45, a pawn shop owner who is diabetic and has peripheral neuropathy, presented to Natura Spa in Los Angeles, which he had been to 30 to 40 times before. After a body scrub, Jakobashvili showered, shaved and then proceeded to soak his feet in basins provided by the spa. He filled the basin with water after using the same faucet he used to shave with and then proceeded to soak his right foot in the water up to his ankle. Within 5 to 10 seconds, Jakobashvili felt pain in his foot and immediately took it out of the water. His foot was red and blistering from where the water had contacted his foot. On Jan. 21, 2011, the spa was inspected by the county of Los Angeles Department of Public Health and the water temperature was found to be 138 degrees. Jakobashvili sued SWK Enterprises Inc., which was doing business as Natura Spa, and S.W.K. Enterprises Inc. He alleged that the defendants’ negligence constituted a violation of the California Code of Regulations. Jakobashvili admitted that he did not test the water before putting his foot in the filled basin, but contended that he had followed the same procedure on multiple occasions and had just used the same faucet for shaving. Thus, he contended that the spa was negligent for violating the California Code of Regulations by not providing a means to limit the hot water temperature to 110 degrees Fahrenheit to prevent scalding, that the temperature limit control could not be adjusted by the bather, and that there was no temperature limit control present or properly set. The defendants initially claimed that Jakobashvili was at least partially at fault for failing to test the water before putting his foot in the filled basin., Jakobashvili’s foot was red and blistering from where the water had contacted his right foot. He claimed that he was in shock and pain immediately after the incident, and put on his clothes and left the spa without reporting to anybody what happened. From the parking lot he called his sister, whose husband is a doctor, and told her what happened. Jakobashvili then went to his sister’s house, where her husband examined Jakobashvili’s foot. It was determined that he had suffered a significant scald injury and needed treatment. They subsequently drove to Sherman Oaks Hospital in Los Angeles, thinking that the Grossman Burn Center was still affiliated with Sherman Oaks Hospital. However, after waiting for a period of time, they left and drove to St. Vincent Medical Center in Los Angeles, where Jakobashvili’s brother-in-law is on staff. This time, Jakobashvili was seen in the emergency room at St. Vincent’s Medical Center, and his burn was treated. Jakobashvili was determined to have second-degree burns over his right foot and photos were taken of the injury. He was then transferred to the Grossman Burn Center, which had relocated to West Hills. Once evaluated, Jakobashvili was determined to have a combination of second- and third-degree burns. He subsequently underwent a debridement twice and then skin grafting on Jan. 28. 2011. Since his discharge from the Grossman Burn Center, Jakobashvili has seen a number of physicians for ongoing treatment. At UCLA Medical Center, he received hyperbaric oxygen treatment to help heal his wound. Jakobashvili claimed that he suffers continued pain to his right foot and leg. He also has a significant limp and cannot stand on his feet for long periods of time. Thus, Jakobashvili claimed $4,118.98 in outstanding medical bills and sought recovery of damages for his past and future pain and suffering.