Four allegations in a sexual battery lawsuit against Vin Diesel were dismissed on Tuesday after a California judge ruled that the accuser had missed the deadline to file, with the actor’s lawyer vowing to refute the remaining six.

Judge Daniel M. Crowley issued a tentative ruling dismissing four of Jonasson’s claims related to the California Fair Employment and Housing Act (FEHA), saying that she missed the one-year deadline to file a complaint with the state’s civil rights department.

Diesel’s lawyer, Bryan Freedman, called the claims made by former assistant Asta Jonasson “frivolous.” He told People on Tuesday, “We will present irrefutable evidence that the remaining fictitious allegations alleged herein did not occur and finally end what remains of this maliciously filed lawsuit.”

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