After Joe Jackson's lawyer threw out a claim that alleged the singer's rights were violated under the Americans with Disabilities Act, the judge said the rest of the claims fell under state law.
The lawyer said he would re-file the case in the Los Angeles Superior Court. The case will likely be joined with another lawsuit by the pop singer's mother, which alleges that Jackson's concert promoter, AEG Live, didn't give Dr. Conrad Murray lifesaving equipment or properly oversaw his care by the doctor during preparations for concerts.
Murray has been charged with involuntary manslaughter, and was named in the wrongful-death lawsuit, but not in the AEG lawsuit.
Murray has pleaded not guilty to giving the singer a lethal dose of sedatives, including propofol.
The Associated Press Contributed to this report.