Chalk one up for teen sensation Miley Cyrus. The 17 year old had the lawsuit brought against her by a member of the Asian community in Los Angeles for her infamous “Slanty Eyes” photo thrown out by a LA Superior Court Judge.

Judge Robert Hess, in his opinion said Cyrus' behaviour was “immature and childish” but that he doubted that L.A.'s Asian citizens' Lucie Kim could prove that Cyrus was a “business establishment” and therefore obliged not to act in such a manner publicly.

Kim had filed a suit against the Hannah Montana star after pictures of the singer and her friends making “slanty eyes” gesture appeared online earlier this year. Kim said the photo proved that the singer and her friends were mocking Asians and claimed she was emotionally stressed after watching the snapshot.

According to TMZ.com, Kim is planning on appealing the court's decision to throw out her case.