Steck

Von Nothdurft v. Steck

Bad Law
173 Cal. Rptr. 3d 827·2014 Cal. App. LEXIS 566·227 Cal. App. 4th 524·2014 WL 2900132
Court of Appeal of CaliforniaJune 26, 2014F066608California3,712 words

Opinion

Opinion

Gomes, J.

John Steck hired Brenda Leigh Von Nothdurft to work as a resident manager at an apartment complex he owned. The two of them signed a management agreement which provided that Von Nothdurft would be compensated by, among other things, “[f]ree rent of a three bedroom apartment during the term as manager.” Believing she had not been adequately compensated, she sought to recover wages for all of her work without deduction for her free apartment.

Von Nothdurft cannot have it both ways. We conclude the parties’ agreement satisfies the requirements of the applicable wage order to allow Steck to take a rental credit against Von Nothdurft’s wages, so we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Steck, a retired engineer living in San Jose, California, owns an apartment building in Clovis. In 2009, he needed to hire a manager for the apartments, so he placed an ad on craigslist. Von Nothdurft responded to the ad; at the time, she was a resident of the apartments, renting a three-bedroom unit for $955 per month.

Steck decided to hire Von Nothdurft, effective October 1, 2009. Steck presented Von Nothdurft with a written agreement which provided that she would be…

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