AP Photo/Kim D. JohnsonThe actor and his wife, Sheryl, have filed a motion to dismiss the majority of the 12-count lawsuit brought against them by their former nanny Jessica Gibson, who worked for them on and off over the past six and a half years. (View the motion.)
(Not to be confused with the sexual-harassment suit filed by Laura Boyce, another ex-babysitter.)
The Lowes are looking to have a judge toss out 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.
"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).
The couple—who are also suing Gibson, Boyce and their former private chef for breach-of-contract—claim Gibson shot her own case in the foot by admitting last month that her onetime employers cut her a check for regular wages earned and overtime.
Gibson has also alleged sexual assault, battery and harassment, but we'll cross that bridge when we come to it.