A lawsuit filed by a former assistant to actor Vin Diesel accusing him of sexual assault has been dismissed by a judge in Los Angeles, reports say.

According to Entertainment Weekly , L.A. County Superior Court Judge Daniel Crowley threw out the lawsuit filed by Asta Jonasson, ruling it should have been filed in Georgia where the alleged assault occurred.

Matthew Hale, the lawyer for Jonasson, says an appeal is being planned.

“The Court did not decide anything about the truth of Ms. Asta Jonasson’s allegations,” Hale tells Deadline . “The ruling was based on a legal technicality, with which we respectfully disagree. Ms. Jonasson intends to appeal.”

The assault reportedly occurred in 2010 in a hotel room in Atlanta while Diesel was filming “Fast Five,” part of the “Fast and Furious”

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