A man who got a settlement in a sexual harassment case can't file a second case for the same reason, the Court of Appeal, Fourth Appellate District, ruled yesterday (December 15). Linda Greenberg, head of a group of San Diego limited liability companies with the name Purple Mountain, filed suit against an employee, Keith O. Davis. Davis countersued, claiming he was fired in 2010 as a result of his sexual relationship with Greenberg. Davis claimed "Greenberg made unwelcome sexual advances to him — many of which resulted in sexual encounters," according to the appellate court.
Davis alleged that the relationship strained "because of both their sexual relationship and Greenberg's husband's knowledge of it." This led to a settlement in which Greenberg, her husband, and the Purple Mountain entities, without admitting liability, agreed "to provide certain consideration to Davis" and related parties.
Davis came right back and sued another entity, Purple Mountain Empire X, LLC, for wrongful discharge, sexual harassment, and hostile work environment. Greenberg was principal owner of Purple Mountain Empire X, and made unwelcome and successful sexual advances to him, Davis charged. The original settlement had stated that the parties would not file further actions. Davis stated that Purple Mountain Empire X was not part of that settlement, and he was independently employed in that instance. A Superior Court judge ruled that the settlement barred Davis's second complaint, and the appellate court agreed.