Brock

Brock v. Carrion, Ltd.

Good Law
332 F. Supp. 2d 1320·2004 WL 1920866·2004 U.S. Dist. LEXIS 17202
United States District Court, Eastern District of CaliforniaAugust 3, 2004CIV. S-02-2762 FCD PANCalifornia5,257 words

Opinion

Opinion

Damrell, J.

MEMORANDUM AND ORDER

Plaintiff James C. Brock (“Brock”) brings this action against defendants Carrion, Ltd. (“Carrion”) and Michael Shannon Fitzgerald (collectively, “defendants”), claiming violations of the Fair Labor Standards Act ( 29 U.S.C. § 201 , et seg.), the California Labor Code, and California Business and Professional Code § 17200, et seq. Specifically, plaintiff seeks damages, in the form of allegedly unpaid minimum wages and overtime wages, for his work as a resident apartment manager at defendants’ apartment complex.

This matter comes before the court on cross-motions for summary adjudication by plaintiff and defendants. All parties seek resolution of a single issue: whether defendants are legally entitled to claim an offset or credit, against wages potentially owed to plaintiff, for all or part of the value of the apartment in which plaintiff resided during his employment- as apartment manager.

For the reasons discussed below, plaintiffs motion for summary adjudication is GRANTED, and defendants’ motion is accordingly DENIED.

FACTUAL BACKGROUND

Defendant Carrion was, at all relevant times, an owner and/or manager of several apartment complexes in Northern…

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