A very pregnant Kelly Rutherford strolled the streets in West Hollywood, Ca June 2, 2009 after a lunch date with Marcia Cross. Kelly is expecting baby number 2 to join her sometime with in the next few days and is glowing with excitement.

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Forget 7-11. When Gossip Girl star Kelly Rutherford has cravings, she has to race to the farmer’s market.

“I crave a lot of greens when I’m pregnant,” says Rutherford, 40, who’s due to welcome her second child, a daughter, within days. “I love kale and chard, so I’ll steam that and then I’ll make an organic turkey burger.”

The actress says her second pregnancy feels more relaxed. “I’m making it a point to rest more,” says Rutherford, who together with son Hermés, 2 1/2, attended the 3rd Annual Kidstock Music and Arts Festival benefiting One Voice and the Scholars Program in Beverly Hills, Calif., on Sunday.

She has also taken a “sustainable” approach to prepping for her daughter’s arrival, re-using many of her son’s baby furniture – including a white Target changing table – and baby clothes. “I’ve been trying to be smart about it,” she says.

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photo: Bauer-Griffin

Although they both stated in January they’d try to co-parent amicably, Gossip Girl star Kelly Rutherford and estranged husband Daniel Giersch are facing off in court again in a dispute over their 2-year-old son.

Rutherford, 40, who claims son Hermes is in danger because Giersch, 34, leaves the swimming pool uncovered at his Los Angeles home, hired a private eye last week to conduct three days of video surveillance on the German businessman, court documents show.

“Hermes is very young, very active, not water safe and in a moment’s notice, could fall into the swimming pool,” Rutherford warns.

Although video footage showed the pool was indeed uncovered over three days, nothing egregious was witnessed, according to the investigator’s reports.

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“Hermes is not in any danger whatsoever with regard to my pool because I have the pool fully covered with an automatic pool cover,” Giersch states in his filing. “Hermes has no access to the pool area unless I take him to the pool myself.”

On Tuesday, however, a court ordered Giersch to keep his pool covered at all times unless Giersch is close by.

Meanwhile, a hearing set for Friday will address the couple’s differences over whether it’s too stressful a time to potty train Hermes while his parents are in the midst of a divorce and custody battle and since the child is about to become a big brother.

Rutherford, who’s pregnant with the ex-couple’s second child, a girl, is due to give birth in three weeks, court documents reveal.

Lawyers for both sides had no comment.

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The divorce action between Gossip Girl star Kelly Rutherford and her estranged husband has turned ugly, with the actress seeking to bar him from leaving the United States with their 2-year-old son for fear they’ll disappear.

Estranged husband David Giersch countered in L.A. Superior Court with papers alleging the actress, who’s four months pregnant with their second child, has a bad temper, once throwing a laptop at him and another time trying to sock him with her fist.

Rutherford, 40, filed for divorce from Giersch, an entrepreneur, last month after being married a little over two years, seeking sole physical custody with monitored visitation. On the same day, Giersch filed for legal separation, seeking sole legal and physical custody with visitation for her.

In emergency papers filed Jan. 9, Rutherford sought to bar Giersch, 34, from traveling outside the United States with their son Hermes.

“I feel there is some risk that he will leave the country with Hermes and I will not know where they are,” Rutherford said in a declaration, adding that during their marriage, he told her of a pending investigation in his native Germany that could lead to his arrest.

Rutherford also asked the court to allow her to travel to New York for work with their son.

Giersch fired back in a response that he has dutifully served as Hermes’s main caretaker in L.A., and that Rutherford’s commitments to Gossip Girl and her bicoastal commute were a reason why their marriage failed.

“I have been extremely concerned about our son living in a hotel and a New York lifestyle, and this has been one of the main reasons, if not the reason for the ending of (Rutherford’s) and my marriage,” Giersch said.

He added: “(Rutherford’s) routine is that she has weekly hair appointments for at least two hours, manicures, pedicures, shopping and the like. She has been able to do all of that because I have been taking care of Hermes, and am happy to continue doing so, as it would be best for him.”

Rutherford further claimed in her declaration that Giersch has a bad temper, saying he “has a history during our marriage of getting angry with me and leaving, without telling me where he is going.”

Giersch responded that the actress is the one with anger issues: She “has tried to hit me with an open fist when she’s had an angry outburst. On July 6, she threw a laptop computer at me while we were in Hamburg. She smashed the computer on the table and it broke.”

A judge has denied Rutherford’s request regarding travel with Hermes, but set a court date of Jan. 21 to further hear the matter.

Through his lawyer, Fahi Takesh Hallin, Giersch told PEOPLE, “Ultimately I want both of my children to have a stable environment.” A lawyer for Rutherford had no comment.

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Pregnant Gossip Girl actress Kelly Rutherford and her husband of two years, German entrepreneur Daniel Giersch, are calling it quits.

Rutherford, 40, who is three months pregnant, filed for divorce on Dec. 30, citing “irreconcilable differences,” according to papers obtained by PEOPLE.

Giersch filed for legal separation the same day, a source tells PEOPLE.

Giersch and Rutherford, who is expected on the Gossip set in New York Tuesday, also have a 2-year-old son, Hermes.

This is Rutherford’s second marriage.

Rutherford’s rep couldn’t immediately be reached for comment.

TMZ first reported the news of the divorce.

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Kelly Rutherford says she’s preparing for the summer arrival of her second child with hubby Daniel Giersch — and at the same time, breast-feeding 2-year-old son Hermes.

“It’s an amazing bond with your child,” says the Gossip Girl star, 40. “Some cultures do it up to five years, normally. I thought, ‘Well, I’ll just do it as long as it feels right for my son.’”

What’s more, she says, “I was thinner after my pregnancy than before, and I think a lot of it was the nursing. They say it helps your body get back to shape in a natural way.”

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Gossip Girl star Kelly Rutherford, 40, and her entrepreneur husband, Daniel Giersch, are expecting their second child in June, her rep said in a statement Monday.

The couple are already parents to two-year-old son, Hermès.

Rutherford, who plays Blake Lively’s mother Lilly van Der Woodsen, revealed that Hermès is no stranger to the Gossip Girl set.

Who has he bonded with in particular?

“Oh, everybody!” Rutherford told Usmagazine.com. “We have such a nice set because people bring their kids and their dogs. It looks like we’re running a doggy daycare in the makeup room, it’s really something.”

But, she added: “”I don’t bring him as much I used to because he’s having so much fun at his classes during the day!”

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