The lawyer for Kim Smiley, mother of six children, filed a demurrer, attempting to get rid of the invasion of privacy case. Rimes alleges that Smiley illegally recorded a phone call the singer placed to her last year.
The call was the result of a bizarre online feud pitting pro- and anti-Rimes’ camps against each other, leading to nasty comments, bullying and worse. Rimes opened her phone call to Smiley by saying: “Hey b**ch this is LeAnn you have 5 minutes to say whatever you want to me!” (Most, if not all of the recording ended up online.)
Smiley’s new legal papers contend Rimes left out crucial information in her complaint. The demurrer could cause Rimes to amend the complaint and basically set the lawsuit back to the beginning.
The judge was sick and not present at Tuesday’s court date Radar learned, but lawyers for both sides were there. Rimes is represented by Los Angeles powerhouse attorney Larry Stein and Smiley’s lawyer is Steven White. Smiley’s previous lawyer Kenneth Freundlich filed papers to withdraw from the case, as Radar reported exclusively.
The demurrer in this case is considered by at least one expert to be “a stall tactic.”
A ruling is likely to be delivered in June at the next hearing for the case. If Smiley’s side wins, the proceedings could possibly end or more likely be extended.
Smiley’s side contends the complaint lacks adequate specifics about the phone call, particularly how and where the alleged invasion of privacy occurred.
The case’s bizarre online roots stem from an ongoing feud that has reduced adults to name calling, bullying and worse. Smiley, who is not a fan of Rimes’, took her Twitter account private months before the phone call that led to the incident.
Rimes was with at least one of her Twitter fans – a woman named Ericka — at lunch on March 26, 2012 when she called Smiley.
Smiley previously told Radar: “Ericka said, ‘Hi,’ and then handed the phone to LeAnn.” When Rimes began to curse, according to Smiley, the teacher said: “I even asked her to watch it, saying, ‘Your language — so trashy!’ I was also surprised that she thought I’d just change my mind about her and want to come hang with her.”
Rimes went into a treatment center shortly after this and has been urged by some to stay off social media. Her ongoing war with Brandi Glanville has pitted fans of each against each other.
Supporters on both sides routinely spy on each other, Radar has discovered, capturing screen grabs of Tweets and other online comments to fuel their ongoing war. The words are bitter, the actions are often malicious and the feud is endless.
Rimes filed suit against Smiley and one of her daughter in August, 2012.