He claimed that the real purpose of videotaping the proceeding was to "annoy Ms. Lohan and to attempt to gain a litigation advantage by causing her concern about the embarrassment of such a videotape."

However, Superior Court Judge Michael L. Stern sided with lawyers for Raymundo Ortega, a busboy who sued Lohan in June, claiming she was drunk and distracted by paparazzi when she slammed her Mercedes Benz into his minivan on Oct. 5, 2005.

Ortega is seeking $200,000 in damages stemming from the incident.

Last month, the 21-year-old actress fired back in a $75,000 countersuit, pointing out that the California Highway Patrol found no indication that alcohol was a factor in the crash and in fact determined that Ortega was at fault for making an illegal U-turn in front of the actress' car.

She was not present in court Wednesday.

Earlier this month, the thesp logged all of 84 minutes in a Los Angeles lockup, stemming from a plea deal in her double DUI arrests earlier this year.

Lohan has also been spotted performing her court-ordered community service at an American Red Cross facility in the L.A. area.

Apart from paying her debt to society, the actress has been busy filming her upcoming tango-based movie, Dare to Love Me.