Leo Bounces Lawsuit to Builder

Actor sues contractor who built basketball court that has neighbors going after Leo for property damages

By Natalie Finn Feb 08, 2008 12:06 AMTags

The other team has come up empty so far, but Leonardo DiCaprio wants yet another opponent to get in the game.  

The 33-year-old actor has filed suit against the contractor who built the basketball court on his Hollywood Hills property which his neighbors have been claiming severely damaged their own patch of high-rent earth. 

While Ronald and Joan Linclau were told last month that they would need to supplement their $250,000 lawsuit against DiCaprio with more facts before the court allows it to move forward, the Titanic star appears to be looking to cut his losses at the pass. 

In the cross complaint filed Jan. 30 in Los Angeles Superior Court, DiCaprio and his cousin, Robert Hrtica, the property's legal owner, argue that contractors and landscapers who worked on the basketball court and a different contractor that built a retaining wall for the Linclaus should be held primarily liable for any damage to the couple's property. 

The suit charges strict liability on the builders' behalf, negligence, breach of contract and indemnity. 

The Linclaus sued DiCaprio May 10, alleging the workers who built the court in July 2004 undermined the land that stabilizes their backyard swimming pool and removed some plants without their knowledge. They also claim DiCaprio paid no mind to their demands to quit the project. 

Because he commissioned the building, it's DiCaprio who should pay, the Linclaus claim. 

In his response to the suit, the three-time Oscar nominee, who only rents the Oriole Way property, said that the Linclaus' retaining wall was taboo, as well. 

"Seeking a scapegoat for the potential problems that they themselves created and the creation of a backyard for themselves free of charge, [the plaintiffs] filed this lawsuit in an apparent attempt to extort the cost of construction of a new retaining wall," DiCaprio's court documents state. 

After twice being informed that their lawsuit, like their pool, apparently, didn't have sufficient ground to stand on, the Linclaus filed a third amended complaint Jan. 17 and a trial date has been tentatively scheduled for July 21.