Los Angeles, June 24: Actor Sean Penn on Monday won the latest round in a court fight pitting him against movie producer Steve Bing when a Los Angeles judge tossed out part of Bing's $15 million lawsuit against him. Los Angeles Superior Court Judge Irving Feffer ruled that Bing cannot sue Penn for attempted civil extortion because the claim does not exist in California law. On a motion by Penn's attorney, Feffer threw out three other claims in Bing's suit but invited his attorney to revise and refile them.
The two men are suing each other over their failed collaboration on a yet-to-be-made film called "Why Men Shouldn't Marry." Penn sued Bing for $10 million, accusing the producer of firing him for vocally opposing the U.S.-Iraq war.
Bing countersued for $15 million, alleging that Penn tried to extort money for a film role he never accepted and that the actor reneged on a promise to waive script approval so that famed director Woody Allen would agree to helm the project.
Bing, a millionaire who gained unwanted fame last year during a paternity dispute with actress-model Elizabeth Hurley, said the money he seeks will repay his pre-production costs and Allen's salary.
Bing's lawyer Martin Singer said the extortion claim stems from Penn's threat to release a potentially damaging audiotape featuring Bing unless he was paid $10 million.
Singer said he plans to refile the extortion claims, and may appeal Feffer's ruling to a state appeals court. Penn's attorney could not immediately be reached for comment.
The politically active Penn contends that his controversial and highly publicized visit to Iraq before the war and other anti-war activities prompted Bing to bounce him from the film.
In court filings, the actor accused Bing of "borrowing a page from the dark era of Hollywood blacklisting."
Singer said Bing tried to make the film deal dozens of times without success during Penn's crusade against Iraq, but found Penn "more concerned with speaking out against Iraq than closing a deal." The parties are due back in court on July 3.
Bureau Report