Jessica Gibson Dismissed?
Rob and Sheryl Lowe filed a motion to dismiss (called a “demurrer”) nine of Jessica Gibson’s 12 claims alleged in her cross-complaint. Click here to read the entire motion. If you want to know enough only to carry on a dinner conversation, read this:
- The Lowes move to dismiss the retaliation claim because the alleged unlawful conduct by them occurred after Jessica was no longer employed as their nanny. Therefore, as a matter of law, Jessica can’t maintain a claim for *employment* retaliation.
- The Lowes move to dismiss claims that the Lowes did not pay Jessica in compliance with California wage and hour laws.
Asking a judge to dismiss claims at this early stage of litigation is an aggressive move and presents an uphill battle. Judges typically are not inclined to grant these kinds of motions, but one never knows. Popsquire will keep you posted!
