With the actress looking on, Los Angeles Superior Court Judge Elizabeth White said Tuesday there were issues a jury should decide about whether Sheridan’s character was unfairly eliminated from the hit series.

Sheridan sued ABC and "Housewives" creator and executive producer Marc Cherry in April 2010, claiming he struck her during a fight in September 2008 and she was subjected to sexual and other harassment.

White threw out claims of sex harassment during the hearing, but says Sheridan’s claims of battery, wrongful termination and unlawful retaliation can be presented to jurors.

An attorney for ABC and Cherry argued the decision to fire Sheridan was made months before her argument with the producer.

Sheridan said after the hearing, "I’m very happy that I’m being treated fairly."