Judge: Mischa Barton Must Shore Up Fraud Claim Against Mom

A judge said Monday that attorneys for Mischa Barton will have to shore up a fraud claim that’s part of the actress’ overall lawsuit against her mother, alleging her parent stole money from her while acting as her talent manager.

Los Angeles Superior Court Judge Steven Kleifield ruled, however, that the 29-year-old actress’ contractual allegations can remain part of the lawsuit for now.

Barton sued her mother last April. The suit also alleges that Nuala Barton put her own interests ahead of those of her daughter, who co-starred in “The O.C.,” a teen drama series that aired on Fox from 2003-07. Those allegations were not part of the defense motion heard Monday.

Attorney Brigette Gomelsky Kay, on behalf of Nuala Barton, argued that there were too few facts in the lawsuit to support either the fraud or the contractual claims. Kay argued that the fraud claim should be dismissed.

“I just don’t see how the deficiency can be corrected,” Kay said.

However, lawyer Witt Chang, on behalf of Mischa Barton, said he would provide more details in an amended complaint to show fraud, a cause of action that would allow the actress to seek punitive damages against her mother. Kleifield, noting that the case is in its early stages, granted the plaintiff 20 days to file a revised lawsuit.

The suit alleges Nuala Barton was a “greedy stage mother” who “forged documents and has even kicked Barton out of her own home -- the home purchased with Barton’s money, but that Nuala has turned into her own ATM.”

Both Nuala Barton and her husband, Paul, “comfortably reside in the $7.8 million Beverly Hills home that was purchased with Barton’s funds while Barton is not welcome at the property,” the suit alleges.

“Tragically, Barton placed her utmost trust in Nuala and believed that her mother would look out for her best interests above all else,” the suit says.

--City News Service, photo courtesy of Winterstone Pictures/Alchemy Pictures