Popsquire

A Los Angeles Superior Court judge dismissed several claims on both sides of Rob Lowe’s legal battle with ex-nanny Jessica Gibson yesterday as follows: (1) he dismissed four of the Lowe’s claims, including his defamation claim; and (2) he dismissed Gibson’s retaliation claim.

Of course, the lawyers were quick to talk…

Gloria Allred, Gibson’s lawyer, says:  “He lost the heart of his case, which is defamation, and we are permitted to proceed with the heart of our case, which was - and still is - our allegation that Rob Lowe sexually harassed Jessica.”

Larry Stein, Lowe’s attorney, says: “I’m delighted with the court’s ruling today…It removed the retaliation claim, which Ms. Allred had been focusing on, and left in six claims, which allows us to prosecute every claim we’ve made.”

Popsquire’s perspective…

It’s not unusual for both sides to declare victory at various stages of a lawsuit.  Unless and until the case goes to trial or settled, there typically are several battles and minor victories along the way.  At this stage, however, dismissing claims can help limit document demands, depositions, and the amount of money either side may demand in settlement.

This case is far from over.  Popsquire will keep you posted on further progress and, of course, if you want to be a good student, click here to catch up on prior Popsquire posts.  Remember, use flashcards!

Technorati Tags: defamation, gloria allred, jessica gibson, larry stein, nanny, nanny gate 2008, pop culture law, retaliation, rob lowe, settlement, sexual harassment, sheryl lowe

Because you are a faithful Popsquire follower, you studied this chart tracking various pieces of evidence that Rob Lowe’s camp filed last week in an attempt to oppose Jessica Gibson’s motion to strike.

Not surprisingly, Gibson filed a declaration denying the allegations set forth in the chart. Here’s you want to know for your weekend Nanny Gate debates. Gibson claims, among other things:

1. She did not make any sexual advances against Rob. Instead, she “protested against his attempts to obtain sexual gratification” from her.
2. She was not chastized by Sheryl Lowe for walking into the living room in her towel. Instead, her “bathroom was out of order,” so she had to cross part of the house to get to [her] room where [her] clean clothes were located.”

Popsquire’s perspective…

There are always two sides to a story in these kinds of lawsuits. Here, however, the stories are 100% opposite each other, which means someone is lying.

Ooh, this is getting good! So, it’s a good time to catch up with the rest of the class. For all previous Nanny Gate 2008 Popsquire posts, click here.

Technorati Tags: confidentiality agreement, gloria allred, jessica gibson, nanny, nanny gate 2008, pop culture law, rob lowe, sexual harassment, sheryl lowe, wage hour laws

Rob Lowe’s former nanny, Laura Boyce, is striking back!

Hoping to dismiss Lowe’s lawsuit against her as part of an anti-SLAPP motion to strike, Boyce stated under oath in this declaration filed in court on Monday that:

“On November 16, 2007, I called to advise Sheryl Lowe that I was not feeling well but would be into work the following day…As I was speaking with Ms. Andrade, I heard Sheryl Lowe in the background yelling and laughing into the phone, ‘she got strep throat from sucking nigger dick. I mean black dick.’ At the time, I was dating an African American man.”

Popsquire’s perspective…

Even with this salacious statement, Boyce likely won’t win the motion. Although clearly relevant to Boyce’s own claims of harassment, this evidence has little relevance to show that Lowe’s lawsuit is intended to chill Boyce’s free speech rights, which must be the basis of this type of motion in California.

Nonetheless, as part of Gloria Allred’s ongoing use of the “Scream” litigation strategy, she once again has us talking about the alleged racial slur and sexual harassment allegations detailed in her cross-complaint. The filing likely was intended more as a public relations move than a legal slam dunk. And, in that arena, this round goes to Boyce!

Popsquire’s Prior Posts:

Does Rob Think It’s A Scream?

The Hand That Rocks The Lawsuit

Popsquire On Nanny Gate 2008

Technorati Tags: anti-slapp, civil code procedure, gloria allred, laura boyce, law, pop culture, racial slur, racism, rob lowe, sex harassment, sheryl lowe

In opposition to Jessica Gibson’s motion to strike, Rob and Sheryl Lowe filed several declarations, likely hoping to discredit Jessica’s claims that she was sexually harassed by them.

Because Popsquire followers love charts, below is a summary to the juiciest statements, along with Popsquire’s perspective. Enjoy!

To read the declarations in their entirety, click on the following links: Sheryl Lowe, Nigel Armstrong, James Maclear.

Technorati Tags: anti-slaap, gloria allred, james maclear, jessica gibson, laura boyce, law, nanny, nanny gate, nigel armstrong, pop culture, rob lowe, sex harassment, sheryl lowe

In response to a demurrer (a motion to dismiss), the court has dismissed two (out of twelve) claims filed by Rob Lowe’s former nanny, Jessica Gibson.  Click here if you want to read the court’s decision.

If not, you can get by during dinner with this info: The two claims dismissed by the court were for Labor Code violations and not the juicy sexual harassment and battery claims.

Popsquire’s perspective…

This is a very minor victory for the Lowe camp.  They got a few claims tossed out, but there are plenty of bigger claims to battle.  Now is when the biggest part of the case begins.  Both sides likely will be exchanging documents, answering written questions, and taking depositions for many months to come.  During this discovery process is how both sides get to the bottom of the other side’s story.

In short, stick around because there is more to come!  And, to catch up on what you may have missed, check out Popsquire’s previous posts on Rob Lowe.  Remember, flashcards are always helpful…

Technorati Tags: discovery, gloria allred, jessica gibson, labor code, labor code section 226, law, nanny, pop culture, rob lowe, sexual harassment, sheryl lowe

Rob Lowe’s former nanny, Jessica Gibson, filed a motion to dismiss Lowe’s lawsuit against her yesterday.

According to E!online, the motion is based on Lowe’s “lawyer’s admission that they can’t find the confidentiality agreement the woman supposedly signed before going to work for the Lowe family.”

Popsquire’s perspective…

This sounds more like a PR move than a legal tactic. Gibson’s attorney, Gloria Allred, must know that a dispute over the physical existence of a contract likely will not have a case thrown out this early on in litigation.

Most judges will give both parties the ability to engage in the discovery process — i.e., exchange documents, take depositions, etc. — before dismissing a claim. Plus, contrary to popular belief, a contract can exist and be enforceable even if it was only a verbal arrangement.

Bottom line: This case, which contains eight claims that do not rely upon the existence of a confidentiality agreement, will not be going away any time soon…unless the parties agree to a settlement.

BTW, if you are new to Popsquire or to Nanny Gate 2008, click here for tons of info.

Technorati Tags: confidentiality agreement, gloria allred, jessica gibson, law, nanny, pop culture, rob lowe

In a surprise move, Rob Lowe has dismissed his lawsuit against former chef, Peter Clements, with prejudice. This means Lowe can’t revisit the case without permission from the Court.

According to TMZ, Lowe decided to dismiss the case only after Clements provided information about Jessica Gibson and Laura Boyce, Lowe’s former nannies represented by Gloria Allred.

Allred’s response…

“We believe that Mr. Lowe’s latest legal maneuver will blow up in his face and will not get him out of the hot soup that he has landed in because of the two lawsuits that we have filed against him. Whatever Mr. Lowe has attempted to cook up smells bad — and will leave a lasting bad taste in his attempts to go after two innocent nannies who loved and cared for his children.”

Popsquire’s perspective…

There is nothing wrong with two parties exchanging information and dismissing a case as part of a private agreement. However, if Clements provided information in exchange for settlement, his credibility may be called into question. He and Lowe should expect Allred to grill them and Lowe about any such exchange of information during deposition. Giving Allred more fuel for her fire is rarely a good idea!

If this is all news to you, click here to catch up. Popsquire always encourages flashcards as a learning tool.

Technorati Tags: chef, confidentiality, defamation, dismissal, gloria allred, jessica gibson, laura boyce, law, lawsuit, nanny, peter clements, pop culture, rob lowe, sheryl lowe

As if Laura Boyce’s juicy Nanny Gate 2008 allegations weren’t enough, the parties have been battling it out in press conferences and press releases for everyone’s — especially Popsquire’s — reading/viewing pleasure.

In case you missed the verbal action since the Boyce lawsuit was filed, here’s what you need to know.  And, BTW, if you want to join Popsquire in a dramatic reading of these statement, send a note through the contact form!

April 30: Larry Stein, Attorney For Lowes

“Having struck out against Rob Lowe, Gloria Allred now seeks to drag his wife and children into the fray. In response to a lawsuit against Laura Boyce by the Lowes, Ms. Allred filed a cross-complaint on behalf of Boyce, which contains false allegations, in an apparent attempt to divert the negative publicity which Allred’s client, Gibson, has universally received.

Although framed as a sexual harassment claim against both Sheryl and Rob Lowe, the cross-complaint alleges only words by Sheryl and never mentions any words or conduct by Rob whatsoever.

The alleged statements by Sheryl are totally unrelated to, and do not provide any support for, Gibson’s claims against Rob.”

May 1: Press Conference With Gloria Allred & Laura Boyce

Gloria Allred: “We believe the tactics that the Lowes have used in suing two poor, defenseless nannies who loved and cared for their children is despicable and they will not be able to hide behind their star power, their money, their high-priced legal talent or their confidentiality clauses to shield themselves from their own improper conduct…We intend to litigate this fiercely … We are on top of this, all over it, under it and around it, and we are not going to stop until there is justice for Ms. Boyce and Ms. Gibson.”

“And truth,” added Boyce, Kleenex in hand.

May 1: Sheryl Lowe’s Statement

“As a mother of two young boys, it is sickening and disgusting that Mrs. Allred and Ms. Boyce would stoop so low as to drag a child into this latest, baseless, predatory lawsuit. To falsely attack my husband is one thing, to attack me is another, but to do this to our son reveals not only their lack of character, but how far they are willing to go to play the ‘lawsuit lotto.’

The charges against me are lies meant to embarrass and humiliate. I find it deeply offensive the false allegation that I would use racially insensitive comments. I’m certain that my dearest and longtime friend, and godfather to my children, Marcus Allen would beg to differ with their charges.

We do not see color in my household; my children do not see color.It deeply saddens me that I even have to explain this to my children. These false allegations are made all the more painful because our family has been betrayed by a woman we welcomed into our home and treated like family. Laura Boyce was physically abused by a man with whom she was having a relationship. I had to take her to the emergency room once, and advised her that she had to be more careful about the men she dated, and that she was running with the wrong crowd. We are shocked that she has now chosen to destroy our right to peace, quiet, and privacy.”

Technorati Tags: gloria allred, laura boyce, law, pop culture, press conference, rob lowe, sheryl lowe

It’s on again! Laura Boyce — the first nanny that Rob Lowe sued — also hired Gloria Allred and filed a cross-complaint in Superior Court yesterday against Rob and his wife, Sheryl. Unlike Jessica Gibson’s cross-complaint, Boyce’s lawsuit focuses primarily on Sheryl’s actions, claiming, among other things that:

1. Sheryl asked about the size of Boyce’s boyfriend’s penis.
2. Sheryl asked how Boyce could have sex with her boyfriend, given his seven-foot stature.
3. Sheryl used her forearm to reference the size of the boyfriend’s penis.
4. Sheryl showed Rob’s cock rings (yes, you read that correctly) to Boyce.
5. Sheryl talked to Boyce about her sex life with Rob.
6. Sheryl, after hearing that Boyce was not showing up for work, stated that Boyce got strep throat from “sucking n***r d**k. I mean black d**k.”

The Lowes’ attorney issued this statement. If you are too lazy to read it, it’s enough to know that he accuses Gloria Allred of filing “false allegations” to “drag [Rob's] wife and children into the fray.”

Popsquire’s perspective…

Gloria Allred appears to be invoking the “Scream” strategy against the Lowes. If you are not sure what that means, consider the following quote from one of Popsquire’s favorite movies, delivered by Rose McGowan: “You can only hear that Richard Gere gerbil story so many times before you got to start to believe it.“

As you ponder whether this strategy is working, enjoy the trailer from Scream 1…

Technorati Tags: gloria allred, jessica gibson, laura boyce, law, nanny, pop culture, rob lowe, sexual harassment, sheryl lowe

In an interview with ET scheduled to air tonight, Rob Lowe reflects on Nanny Gate 2008, saying: “We live in a time where anybody can say anything about anybody. You want to defend your family.” Of course, Rob is referring to his ongoing legal battles against former nanny, Jessica Gibson, as well as two other former domestic employees.

Popsquire ponders…

Is an offensive attack comprised of suing three former employees the best way to defend your family?

Popsquire’s perspective…

Hiring a lawyer to sue rarely presents a simple, short resolution. Most cases in California can take at least a year to make their way from filing the complaint to trial, with attorneys’ fees totaling hundreds of thousands of dollars.

Although Popsquire strongly believes that people should use the court system to fight for justice, sometimes a publicist might be more effective than a lawyer.

Is Rob starting to regret taking the offensive? What do you think?

Technorati Tags: defamation, entertainment tonight, jessica gibson, law, pop culture, rob lowe, sheryl lowe

Everyone knows that six is the devil’s number.  So, for Day Six of the “Twelve Days of Rob Lowe,” let’s talk sex.  Yes, it’s time to honor Rob for being one of the forefathers of the celebrity sex tape scandal/phenomenon.  Although Rob’s sex tapes may have damaged his career, the same may not be said for others who have endured (some might say promoted) a sex tape scandal. Take a look at this list of celebs whose sex lives have been exposed on tape and decide for yourselves…

1. Fred Durst
2. Paris Hilton
3. Kid Rock
4. Tonya Harding
5. Pamela Anderson with Tommy Lee
6. Pamela Anderson with Brett Michaels
7. Colin Farrell
8. Dustin Diamond
9. Jenna Lewis (Survivor)
10. Jessica Sierra (American Idol/Celebrity Rehab)

Because Popsquire is a devil himself, here’s a challenge.  Send in links to as many of these sex tapes as you can find.  Don’t keep me waiting!

Technorati Tags: jessica gibson, law, pop culture, rob lowe, sex tape, shery lowe

Wake up, kids! Today’s topic is Jessica Gibson’s claim that she “was not regularly provided with thirty minute meal periods” during her employment. According to California law, a domestic worker generally must be provided with 30 minutes of duty-free meal time if s/he works at least six hours in a day. However, California law also permits a nanny to waive the meal period if the nature of the job — i.e., watching over kids — does not permit her to be relieved of all duties for 30 minutes in a day.

Popsquire’s perspective…

It’s unlikely that Jessica signed a waiver. People often fail to research wage and hour law requirements. Ignorance is no excuse! If you are rich enough to have a staff of domestic employees, learn California’s basic wage and hour law requirements!

While you ponder California wage and hour laws, enjoy this Van Halen classic…

Technorati Tags: california, domestic employee, jessica gibson, law, meal periods, nanny, pop culture, rob lowe, sheryl lowe, wage

According to People’s coverage of Nanny Gate 2008, Gloria Allred is scheduled to take Rob Lowe’s deposition on May 19.

Popsquire’s perspective…

A deposition is an out-of-court cross examination that typically takes place in a law firm conference room. The scope of a deposition in Los Angeles Superior Court is very broad, meaning that a lawyer can ask questions that don’t really seem relevant, so long as they may lead to relevant information.

Popsquire’s prediction…

If Rob’s attorneys are doing their jobs, the deposition will not happen on May 19.  In all likelihood, Gloria Allred unilaterally set the date for the deposition and either Rob or his lawyers will have “conflicts.”  It happens all the time in civil litigation.  No one ever shows up for their deposition on the first date chosen by opposing counsel.

Popsquire’s question…

Do you think Rob will do better or worse than this deposition witness?

Technorati Tags: deposition, gloria allred, jessica gibson, law, nanny, pop culture, rob lowe, sheryl lowe

Check out Popsquire’s appearance on yesterday’s “Hollywood 411.”

Technorati Tags: hollywood 411, jessica gibson, law, nanny gate, pop culture, popsquire, rob lowe, tv guide

On the third day of Rob Lowe, this lawsuit gives to us…sexual battery!  Among the twelve claims in Jessica Gibson’s cross-complaint is sexual battery, which generally is defined in California as an intentional sexually offensive contact.

Popsquire pop quiz: Which of the following allegations from the cross-complaint could constitute sexual battery?

1. Rob placed his hand inside Gibson’s pants “in order to touch her crotch.”
2. Rob repeatedly exposed “his flacid penis.”
3. Rob repeatedly exposed “his erect penis.”
4. Rob repeatedly asked Gibson “to touch his penis.”
5. Rob repeatedly masturbated in her presence.

Although all of these may qualify as assault (a future topic of discussion), battery includes a much more limited definition.  As a result, exposure of a body part (items 2-4) — without any touching — likely are not considered battery.  Thus, we are left with a crotch touch as the prime candidate.  As for numero 5, well, it probably could go either way.  Popsquire will leave that up to your imagination!

Feel free to take the quiz as often as you’d like.  As you do, enjoy this Divinyls’ hit…

Technorati Tags: gloria allred, jessica gibson, nanny, rob lowe, sex, sexual assault, sexual battery, sexual harassment, sheryl lowe, tv guide