By Jen Heger – Radar Legal Editor
Marc Cherry and Touchstone Television are asking a judge to throw out portions of Nicollette Sheridan’s lawsuit against them, RadarOnline.com is exclusively reporting.
Sheridan is suing Cherry for wrongful termination, breach of contract and battery, among other claims, after her popular character Edie Britt was killed off the ABC hit show, Desperate Housewives.
EXCLUSIVE DOCUMENTS: Cherry Requesting Judge To Dismiss Parts Of Sheridan’s Lawsuit
In legal docs exclusively obtained by RadarOnline.com, lawyers for Cherry and Touchstone state that Sheridan can’t sue for wrongful termination and breach of contract, because she only had a one year contract that was in place, and that the option to renew it wasn’t utilized after the fifth season.
“Sheridan’s services were governed by – as they had been, year after year – a one year fixed term contract between Touchstone and Starlike, which gave Touchstone the option to renew Sheridan’s services for six additional one year-terms (or Seasons)…Sheridan had no more expectation of renewed employment for a sixth season than she had after the first season.”
In her original lawsuit Sheridan related a post-firing interview that Cherry gave where she alleges he noted that: “We will find a new kind of sexiness through Wisteria Lane. What we won’t do is cast another fortysomething sexy blonde.”
She further alleged that “Cherry’s treatment of Sheridan, including his physical assault and battery of her, occurred because he is a homosexual man and she is a heterosexual woman.”
Cherry has always denied he and Sheridan had anything more than a verbal argument.
As RadarOnline.com previously reported Sheridan has subsequently dropped the most explosive claims from her lawsuit to avoid having to submit to a psychiatric evaluation.
In papers filed in Los Angeles Superior Court on December 17, Sheridan dropped the claims of physical injury and emotional distress, although she still maintains though claims are valid.
A hearing is set for July 26, to determine if Judge Elizabeth White will dismiss the breach of contract, and wrongful termination claims from Sheridan’s lawsuit. The case is expected to go to trial in the fall.