A Los Angeles Superior Court judge did not approve a motion filed by the lawyers of Lindsay Lohan to dismiss part of the lawsuit filed against her by a man who was involved in an auto accident with Lohan in October 2005.

The lawyers for Raymundo Ortega included as part of the personal injury lawsuit against Lohan a statement that they had reason to believe the singer/actress had been drinking at the time of the accident, and fled the scene to hide in a retail store after it occurred.  One piece of evidence they offered was the fact that Lohan was admitted into rehab shortly after the incident.

Lohan’s lawyers countered that the lawsuit lacked legal sufficiency, that Ortega’s inclusion of the assertion that Lohan was "tipsy" at the time of the accident is just an attempt to be "inflammatory" and get her to settle, but Judge Michael L. Stern rejected their motion and set the court date for April 7.

Although California Highway Patrol officers determined that Ortega had caused the accident while executing an illegal U-turn, Ortega is demanding $200,000 from Lohan to compensate for injuries sustained during the accident, in which he was knocked unconscious.  He claims that she was negligent when she ran away and hid, leaving him unconscious, as well as in driving while intoxicated.

Lohan is currently in rehab in Utah, where it is reported that she must complete a county coroner program which includes visiting the morgue and talking to victims of DUI and drunk driving.