Kimberly Smiley, who is being sued by Leann Rimes, has filed a demurrer objecting to her lawsuit that accuses her of invading the singer's privacy in the hopes of having it dismissed
A woman being sued by Leann Rimes has formally objected to the lawsuit.
A lawyer for Kimberly Smiley filed a demurrer on Tuesday (09.04.13), attempting to have the case dismissed by claiming LeAnn left out critical information in her original complaint against the teacher and her daughter Lexi last August, which accused them of invading her privacy by illegally recording a phone call between them, which was made public, and of bullying the 30-year-old singer on Twitter.
Kimberly's lawyer submitted new papers claiming that LeAnn - who checked into a rehab facility to receive treatment for stress and anxiety shortly after the call was made public - failed to provide adequate specifics about the phone call, particularly about how and where the alleged invasion of privacy occurred, according to gossip website RadarOnline.com.
Lawyers for LeAnn, who believe the demurrer is a ''stall tactic'', also appeared in court but the judge was not present.
A ruling is not expected until June and if Kimberly is successful, the proceedings could be dismissed or extended.
LeAnn is suing Kimberly and Lexi because she claims a call she made to discuss the alleged comments on twitter was recorded and made public.
Kimberly previously claimed the singer called her ''rude'' and ''berated'' her on the phone.
She said: ''She called me. She was trying to berate me into liking her. When she didn't get her way she got frustrated.
''She called me 'incredibly f***ing rude.' She was really mad. I guess she is used to people bowing down to her but I'm not that kind of person. She's not used to people standing their ground.
''It seemed odd that she was calling me.''
According to Kimberly, LeAnn opened the call by saying ''Hey b***h, it's LeAnn. You have five f***ing minutes to say whatever you want to me.''
LeAnn's lawsuit claims Kimberly repeatedly ''insulted, taunted and provoked Ms. Rimes'' during the phone call earlier this year, but the accused insists it is a ''complete lie''.