Leonardo DiCaprio wins round in court against neighbors who sued him
Daily News Wire Services
Article Last Updated: 01/03/2008 10:58:33 AM PST
Actor Leonardo DiCaprio won another round in court today when a judge ruled his neighbors, who are suing him for building a basketball court they claim destabilized their property, did not have enough information in their complaint.
Ronald and Joan Linclau filed the lawsuit May 10 in Los Angeles Superior Court and are seeking at least $250,000 in damages.
Judge Tricia Ann Bigelow today ruled the lawsuit did not show that DiCaprio caused the destabilization. She made the same ruling Oct. 22.
"It seems to me that that the complaint is still uncertain," Bigelow said. "It states that everyone told everyone to do everything and everyone knows the actions were wrong."
DiCaprio claims he should not be held liable for any damage because he only rents the home, but Bigelow said he is still responsible if he had a role in causing the destabilization.
Bigelow gave David Glubok, an attorney for the Linclaus, 15 days to amend the complaint.
The neighbors claim DiCaprio is liable for the damage because the improvements on his property were done at his direction.
But the judge said she still needs more information to show DiCaprio caused the damage to his neighbors' property.
"I don't think he cut down the trees, he's probably busy doing some other things," Bigelow said.
According to the lawsuit, DiCaprio had a basketball court built in July 2004 outside his Hollywood Hills home on Oriole Way. In the
process, land belonging to the Linclaus, who live on nearby Thrasher Avenue, was excavated and some of their plants were removed. The work undermined the slope running behind the couple's home and the support for their swimming pool. DiCaprio knew the work encroached on his neighbors' property and ignored their demands to stop, according to the lawsuit.
DiCaprio also has refused to pay for the damage.
According to DiCaprio's court papers, the Linclaus installed an "illegal railroad tie retaining wall" that may have caused the destabilization.
"Seeking a scapegoat for the potential problems that they themselves created and the creation of a backyard for themselves free of charge, (the Linclaus) filed this lawsuit in an apparent attempt to extort the cost of construction of a new retaining wall ... from (DiCaprio)," the actor's court papers state.
DiCaprio, 33, was not in court today. His lawyers told Bigelow they will probably file cross-complaints against contractors who performed the work for DiCaprio.
A trial date is scheduled for July 21 if the Linclaus can present an amended complaint that Bigelow considers sufficient.
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