Los Angeles Superior Court Judge Richard Stone ruled Thursday Costner's fraud lawsuit couldn't stand independently of his breach-of-contract claim, The Hollywood Reporter said Friday.
The lawsuit alleges it was Morgan Creek's duty to disclose "truthful, accurate, full and complete" revenue information from the film, but it failed to do so.
Stone said that duty was part of the production company's contract with Costner, meaning the lawsuit -- as written -- couldn't stand separate from his breach-of-contract suit.
"At present, all allegations related to this [cause of action] are predicated on duties imposed on the defendant pursuant to the contract between the parties," Stone wrote.
This was Costner's second attempt to file a fraud lawsuit against Morgan Creek. The judge has permitted the actor a third and final try to amend the wording of the fraud allegation, The Hollywood Reporter said.