Updated

A judge refused to throw out a lawsuit against Nick Nolte and his son filed by a woman who claimed a partygoer drugged and sexually assaulted her at the actor's home when she was 15.

Superior Court Judge Gerald Rosenberg on Thursday denied a motion to dismiss the case, which was filed by the girl's parents on her behalf and is scheduled for trial next month.

A call to the 65-year-old actor's attorney seeking comment Friday was not immediately returned.

The lawsuit contends that the woman, now 18, was given the so-called "date-rape" drug GHB at a Jan. 25, 2003, party at Nolte's Malibu home.

Another defendant in the lawsuit, Nicholas Woodring, was convicted of a misdemeanor for having sex with a minor.

The lawsuit alleged that Nolte's son, Brawley, conspired with Woodring to plan the assault.

Nolte's publicist has said the actor wasn't home during the party. However, the lawsuit claims he was negligent, contending that the home had "a long history of furnishing drugs and/or alcohol to minors."

In court papers, both Noltes claimed they were being sued solely because of "their given high profile," "star power" and "deep pockets."

Nolte's screen credits include Oscar-nominated roles in "The Prince of Tides" and "Affiction."