A judge ruled today that a ballet teacher and dance choreographer can take to trial half of the allegations in her lawsuit alleging
that former “Baywatch” and “Days of Our Lives” cast member Holly Gagnier disparaged her in remarks to actress Hunter Tylo.
Los Angeles Superior Court Judge Mitchell Beckloff denied defense motions to dismiss 80-year-old plaintiff Patricia McCoy’s causes of action for intentional interference with contract and intentional infliction of emotional distress. However, he did toss her claims for negative infliction of emotional distress, false light invasion of privacy and both intentional and negligent interference with prospective economic advantage.
McCoy’s primary allegation, defamation, also will be tried.
Beckloff said that although his inclination was to allow McCoy to seek punitive damages, he wanted to mull the issue further before handing down a final ruling.
“I will concede it’s a tough call,” Beckloff said. “I’ll go back and look at it. I did struggle with the issue.”
According to McCoy’s lawsuit, filed last October, she began training Gagnier when the actress was 6 years old, and also trained Gagnier’s sister, Patricia.
Gagnier received the dance instructions free for 15 years and went on to perform with the Burbank Ballet Association and was featured in performances at the John Anson Ford Amphitheatre, Scottish Rite Auditorium and Ambassador Auditorium while under the exclusive training of McCoy, the suit states.
McCoy published her autobiography, “The American Dream Has Put Our Souls to Sleep,” in 1999. Tylo found out about the book and had an agreement with McCoy to create a screenplay and to portray the ballet instructor in a film, according to the suit.
McCoy claims Gagnier, out of jealousy over the professional relationship Tylo had with the plaintiff, told her during a phone conversation that McCoy “has a history of luring celebrities into contracts and setting them up with the intention of suing them for breach of contract.”
Gagnier “warned Ms. Tylo that she was personally in danger of being (McCoy’s) next victim,” and also alleged she was mentally abused by McCoy and that the plaintiff caused her to develop anorexia, the suit says.
McCoy claims that when she called Gagnier the next day to confront her about her alleged remarks, the actress denied making the statements and said Tylo called her asking for information about the plaintiff.
As a result of Gagnier’s alleged statements, McCoy’s contract with Tylo was “disrupted or compromised,” according to the suit.
Beckloff’s rulings came after an emotional presentation by McCoy, who has no legal training and is acting as her own lawyer. She said Tylo devoted four months to the project, only to see her efforts all go for naught.
“Holly’s intention was to destroy the project and she succeeded,” McCoy said.
She said that while no Hollywood theatrical effort is guaranteed to succeed, several people, including Tylo, believed in her project. She said Gagnier’s comments had an impact on Tylo.
“Of course Hunter would be alarmed,” McCoy said.
Gagnier, 55, was not present in court today.
McCoy said her health has been negatively affected by Gagnier’s alleged comments and that her damages are “beyond anything.” She said she is uncertain whether she will represent herself or have an attorney when trial begins Aug. 18.
“I’m so emotional I don’t know if I’m going to live through it,” she said.
Tylo, 52, is known for her role in the CBS daytime drama “The Bold and the Beautiful” and for winning a $4.8 million judgment against the late producer Aaron Spelling in 1996. She alleged Spelling fired her fired from a role in “Melrose Place” before filming started because she was pregnant.
