A judge has tossed former “Beverly Hills, 90210” actor Brian Austin Green’s lawsuit alleging former flame Vanessa Marcil-Giovinazzo owed him about $200,000 in unpaid loans.
Marcil-Giovinazzo’s attorneys maintained there never was a contract between the two, but that even if one existed Green waited too long to file the case.
Los Angeles Superior Court Judge Barbara Meiers ruled last Monday that the statute of limitations had run out on Green’s breach-of-contract case ”whatever label plaintiff chooses to put on it.”
Meiers also ruled that Marcil-Giovinazzo can ask for monetary sanctions if she meets state Code of Civil Procedure standards.
Marcil-Giovinazzo’s lawyers maintain the lawsuit was “frivolous” and are seeking more than $50,000.
Meiers scheduled a hearing for Jan. 4.
Green filed his suit Jan. 13 of this year. He alleged that beginning in 2000 he loaned Marcil-Giovinazzo approximately $200,000, but that she never paid the money back.
The pair met on the set of “Beverly Hills, 90210” and had a son, Kassius Lijah, now 10. Marcil-Giovinazzo, 44, and “CSI: NY” actor Carmine Giovinazzo, 39, were wed in July 2010, but she filed for divorce Aug. 17 in Los Angeles Superior Court.
The Van Nuys-born Green, 39, married “Transformers” star Megan Fox, now 26, in June 2010. She gave birth to their son, Noah Shannon Green, on Sept. 27.