Gardner

BACKGROUND

According to the complaint, this is the fourth of four related lawsuits. The first two had their genesis in Gardner’s employment by Great Oaks Water Company (Great Oaks) as its Chief Operating Officer from November 2001 to September 2006. He alleges that respondent Roeder was Great Oaks’s “[O]wner, Chief Executive Officer . . . and controlling shareholder,” as well as its “Chairman of the Board of Directors.” Upon Gardner’s separation from employment, he alleges, he filed suit against Great Oaks— apparently for employment discrimination—and Great Oaks countersued for “breach of confidential relationship, civil extortion, defamation and declaratory relief.” The parties settled these actions and executed the mutual release on which this lawsuit is based. The third suit was filed six weeks later, when Roeder sued Gardner on what are alleged to be “the identical causes of actions previously released between the parties.” (Italics and underlining omitted.) Based on this conduct, Gardner brought the present action (suit number four) against Roeder, charging him with breach of contract and unfair business practices in violation of Business and Professions Code section 17200.…