Rob Lowe

Michael Papo/

Rob Lowe came out on top in court yesterday, winning his first small victory in his legal battle with a former nanny in Santa Barbara Superior Court.

A judge threw out two of the 12 damning allegations made against the actor and his wife by ex-staffer Jessica Gibson.

While the bulk of the suit—including all the sexual-harassment allegations—remain, the two charges tossed related to labor code violations and were tossed after it was determined they had no legal basis.

"We're very pleased with today's outcome," Lowe attorney Larry Stein said of Judge Denise de Bellefeuille's decision. "The Lowes have consistently denied any wrongdoing and will be vindicated. The entire family is holding up the best they can."

Neither the actor nor Gibson was in court for the ruling, though Gibson's team is already spinning the decision as being far from a loss.

"We don't consider this a setback at all," the onetime nanny's attorney, John West, said. "Jessica's case is still intact as a whole...There has not been a single important claim that has been affected by this ruling."

Gibson worked for the famous family for seven years before abruptly quitting in February. In legal papers filed in April, she alleged that the 44-year-old star both exposed himself to her and touched her inappropriately several times between September 2005 and January 2008. She also claimed she wasn't properly paid for hours and overtime she worked.

The Lowes beat her to the court, filing a preemptive lawsuit claiming Gibson demanded $1.5 million for her silence.

The next hearing in the case is set for July 10.

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