New Owner of Star’s Studio City Home Loses Suit Over Repairs : Courts: A realty company and its agents are absolved of all charges. But Michael J. Fox and his business manager still face some counts.

A judge threw out a lawsuit Tuesday against a real estate company and its agents who sold actor Michael J. Fox’s Studio City ranch home to a woman who described it as a dream house that turned into a nightmare.

Michele Ader filed suit against Fox, his business manager, Robert Philpott, the Jon Douglas Co. and agents Bettina Linke and Marie Gray over landscaping and repairs to a $750,000 home nestled in the mountains between Mulholland Drive and Laurel Canyon Boulevard.

The lawsuit alleged fraud, conspiracy, negligent misrepresentation, breach of contract and intentional infliction of emotional distress.

Superior Court Judge Florence T. Pickard dismissed the entire suit Tuesday against the Jon Douglas Co. and Linke and Gray.

“We’re very pleased with the judge’s ruling. My clients feel totally vindicated,� said Don C. Sherwood, the attorney for the real estate company and its agents. “We felt we never should have been brought into this case in the first place.�

Pickard also dismissed the conspiracy and infliction of emotional distress allegations against Fox and his manager, but left intact the lawsuit’s three remaining allegations against Fox and a single allegation of negligent misrepresentation against Philpott.

“My feeling is that at most, breach of contract was all this case ever was,� said Scott C. Haith, an attorney for Fox. “All the other allegations were smoke and mirrors in an attempt to make the case more than it was.�

Drew Pomerance, an attorney representing Ader, said he was not totally surprised by Pickard’s rulings.

“We’re quite pleased,� Pomerance said. “Michael Fox is and has always been the target defendant in this lawsuit and he remains in the case.�

Pomerance said he was only mildly disappointed by Pickard’s decision to dismiss all allegations against the real estate company and its agents.

The lawsuit alleges that Fox failed to deal with a potential termite problem in the home’s foundation, replace numerous ficus trees killed by frost and that he knew more than a dozen cypress trees were diseased but failed to tell Ader. The trees subsequently died.

The suit seeks up to $245,000 in damages and an undisclosed amount in punitive damages. Haith said he believes the dismissal of the infliction of emotional distress allegation has reduced Ader’s chances of being awarded punitive damages.

Fox, who now lives in New York, countersued, alleging that Ader breached her contract by closing escrow two months after the agreed-upon date of Feb. 15, 1991. As a result, Fox was forced to make mortgage and tax payments during that time and is seeking unspecified damages.