EXCLUSIVE: Lawyer for Britney Spears' Former Nanny Plans To Re-File Lawsuit

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Mar. 23 2011, Updated 8:30 a.m. ET

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The former nanny who's suing Britney Spears for thousands of dollars in unpaid wages -- whose case was dismissed for failure to serve the pop superstar -- isn't giving up that easily.

Farial Zaltash's attorney, Robert E. Gentino, told RadarOnline.com exclusively that he plans to file a motion in a Los Angeles court this week to vacate the dismissal and says he's confident the judge will grant the request.

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"We haven't been able to serve Ms. Spears because she's in a gated compound," said Gentino, referring to the judge's dismissal of the lawsuit March 10.

"Some celebrities just aren't as available to serve."

Zaltash filed suit against the Toxic singer back in October 2010 citing about one month of unpaid wages amounting to nearly $20,000 of work she performed as Spears' personal assistant and nanny back in 2007.

Gentino insists his client and Spears had a contract based on an hourly income. In this case, however, he said it "was not a written contract."

"She (Zaltash) was there sometimes close to 24 hours," Gentino said. "She worked a lot of days and a lot of hours."

Gentino says there are always other ways of serving summons on Spears.

Although they could hire a private investigator, his client "doesn't have the money for that."

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His final option will be to publish service on Spears.

"She will be served one way or another," Gentino said. "We won't get this case thrown out."

Spears has been under conservatorship since 2008. Her father, Jamie Spears, has control of Britney as an individual, including her finances and medical affairs. Andrew Wallet is also co-conservator.

While she is under the conservatorship, Spears can't enter into any legal, financial, or other business related matters.

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