Nicollette Sheridan got a new trial against ABC for wrongful termination for "Desperate Houswives."

Los Angeles Superior Court Judge Michael Stern ordered a new trial for "Desperate Housewives" star Nicolette Sheridan. Nicollette is suing ABC, Touchstone TV and the creator of "Desperate Housewives," Marc Cherry. Sheridan, who played Wisteria Kane, is not giving up on her "Desperate Housewives" wrongful termination case.

"Desperate Housewives" ended two years ago. The new trial is a surprise reversal from an earlier decision by a Los Angeles Superior Court judge. It opens the way for Nicollette Sheridan to go up against ABC, which fired Sheridan during "Desperate Housewives"'s fifth season.

In April 2010, Nicollete brought a $20 million suit against ABC, Touchstone Television and "Desperate Housewives" creator Marc Cherry. Sheridan claimed she was unfairly fired because she complained that Marc Cherry hit her in the head during an argument in September 2008. The jury couldn't reach a verdict and the judge declared a mistrial in March 2012. The hung jury was stuck at 8 to 4 in favor of Nicollette. Sheridan needed nine votes to win. The first "Desperate Housewives" trial lasted 16 day.

Sheridan appealed. The California appeals court sided with ABC's studio, which used to be known as Touchstone. The appeals judge ruled that the trial judge, Elizabeth Allen White, should have issued a directed verdict in favor of ABC. The appeals court judge said Nicollette hadn't actually been fired. ABC just didn't renew her contract. The court encouraged Sheridan to refile her claim under the California Labor Code.

Sheridan's suit claimed that her contract was not renewed because made a complaint about unsafe working conditions. In her testimony, Nicollette said executive producer Marc Cherry deliberately hit her on the head during a rehearsal in 2009. Judge Michael Stern ruled that Sheridan should have filed an administrative complaint with the California Labor Commission within six months of the incident.

Attorneys for Sheridan, in the new trial motion, said the actress was not required to exhaust administrative remedies filing a lawsuit. The arguments were rejected. Judge Stern overturned the ruling yesterday. Judge Stern didn't explain his ruling. Sheridan can now seek a new trial.

Adam Levin, who is the attorney for Touchstone, told the court he plans to appeal. The hearing is scheduled for April 30.