Jason Wahler

Camilla Zenz/ZUMAPress.com

Jason Wahler's planning on a Hills comeback. But first he must deal with some non-TV reality.

A Los Angeles judge has set Nov. 3 trial date for a lawsuit filed accusing Wahler of roughing up a tow-truck driver.

The civil suit, filed by Dario Stevenson, accuses Wahler and his former girlfriend of assault during a roadside incident in 2006.

Superior Court Justice Elizabeth Grimes scheduled the fall sweeps showdown after plaintiff's attorney Daniel I. Wagner agreed not to appeal last month's decision ruling out any testimony on Walher's police-blotter-past or details about his made-for-MTV behavior.

Grimes also declared that Wahler's no-contest plea to misdemeanor battery in the criminal side of the case was off-limits. (Wahler was sentenced to two months in county lockup over the incident, but successfully avoided the slammer after agreeing to a stint in rehab.)

The judge had pushed back the initial trial date of Sept. 2 when Wagner signaled he would appeal her decision.

Grimes is expected to rule Oct. 24 on whether the jury can hear details of Wahler's purported behavior during the arrest, including allegations that he uttered racial slurs at the plaintiff, who is black.

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