Rob Lowe, wife seek dismissal of some of nanny's claims
Actor Rob Lowe and his wife, Sheryl, are seeking to dismiss portions of a countersuit against them by first nanny Jessica Gibson, according to documents released Thursday.
"Each of Gibson's [accusations] is completely unfounded … but nine of those … are subject to immediate dismissal because she has failed … to even allege the essential elements of a claim of relief," writes Lowe's attorney, Larry Stein.
Stein targets causes of action 4 through 12 of Gibson's suit, including a charge of retaliation and claims that she's owed back wages, as well as payment for overtime, "off-the-clock work" and meal periods. Stein argues that Gibson admitted to receiving a check from the Lowes for those unpaid wages around April 7.
"The pleading is defective because Gibson fails to state facts sufficient to constitute" all of the above, states the Lowes' notice of demurrer (aka, motion to dismiss).
Gibson alleges that Lowe repeatedly exposed himself and groped her – claims that the actor vehemently denies. Lowe is not asking that those allegations be tossed out.
A court date to hear the request for dismissal is set for June 19.
Lowe's attorney didn't immediately return calls for comment.
Gibson's attorney Gloria Allred declined to comment pending her review of the documents.