Brian Austin Green's $200,000 lawsuit against ex-girlfriend Vanessa Marcil has reportedly been thrown out.
The former 'Beverly Hills, 90210' actor was allegedly suing the mother of his 10-year-old son Kassius over purported unpaid loans, but Los Angeles County Superior Court judge Barbara Meiers has dismissed the case, TMZ reports.
According to the gossip website, Brian waited too long to pursue action against the actress - who he met on the set of the US drama series - and as a result his statute of limitations ran out.
In more bad news for Brian, Vanessa - who filed for divorce from husband Carmine Giovinazzo in an LA County Superior Court in August, citing ''irreconcilable differences'' - might be able to seek monetary sanctions against the actor, with her lawyers reportedly asking for $50,000.
A hearing has been set for January 4, 2013.
This comes less than a month after Brian welcomed his first child with wife Megan Fox into the world.
Noah Shannon Green was born in late September, but the couple - who tied the knot in June 2010 - only announced the news earlier this month.
In a post on her Facebook page, the 'Transformers' actress wrote: ''We have been very lucky to have had a peaceful few weeks at home, but I would like to release this myself before others do. I gave birth to our son Noah Shannon Green on September 27th. He is healthy, happy, and perfect.''