Davis
Davis v. Purple Mountain Empire X CA4/1
Opinion
Opinion
Dato, J.
background is necessary to understand the res judicata issues presented in
Further undesignated statutory references are to the Code of Civil Procedure.
2 this appeal, we first explore the underlying litigation before discussing this action and the court’s order granting PMEX’s anti-SLAPP motion. A. Underlying Litigation Davis worked as a property manager for various “Purple Mountain” LLCs owned by Linda Greenberg. In 2010, Greenberg sued Davis to recover
an unpaid debt.2 Davis filed a cross-complaint against Greenberg and nine Purple Mountain entities (not including PMEX), alleging that Greenberg sexually harassed him and terminated him when he complained. (For purposes of this opinion, the 2010 action is referred to as Davis I.) The parties in Davis I reached a global settlement in October 2012. In signing the agreement, Davis released all claims against Greenberg and the nine Purple Mountain entities he sued.
Just a few months later, Davis filed a new lawsuit (Davis II3) against PMEX, alleging retaliation, sexual harassment, and a hostile work environment based on the same conduct alleged in his Davis I cross- complaint. Judge Hayes sustained PMEX’s demurrer without…