Isner

Isner v. Falkenberg/Gilliam & Associates, Inc.

Good Law
160 Cal. App. 4th 1393·2008 Cal. App. LEXIS 370·73 Cal. Rptr. 3d 433
Court of Appeal of CaliforniaMarch 18, 2008B195860California3,370 words

Opinion

Opinion

Rubin, J.

Plaintiffs and appellants Ron and Sharon Isner (collectively, the Isners) appeal from the summary judgment entered against them and in favor of defendant and respondent Falkenberg/Gilliam & Associates, Inc. (Falkenberg), on the Isners’ action for unpaid wages. Finding no triable issues of fact and that the trial court’s legal analysis was correct, we affirm.

FACTS

We recount the evidence in accordance with the usual rules of review from an order granting summary judgment. Falkenberg is a property management company specializing in managing nonprofit housing for the elderly. From September 1998 through February 2004, the Isners, who are husband and wife, were continuously employed at one or another of three properties managed by Falkenberg in capacities that required the Isners to live on the premises. Under applicable labor laws the Isners were thus “resident employees.” (See Brewer v. Patel (1993) 20 Cal.App.4th 1017, 1022 [ 25 Cal.Rptr.2d 65 ] (Brewer).)

Prior to beginning their employment at each property, the Isners signed a resident employee employment agreement (resident employment agreement). Each agreement contained the following provision: “Employee shall be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.