"It seems to me that that the complaint is still uncertain," Bigelow said. She gave Ronald and Joan Linclau 15 days to amend the complaint. If it is accepted, it would go to trial July 21.
The Linclaus sued DiCaprio in May, claiming their Hollywood Hills property was illegally excavated and some plants removed so the star of "Titanic" and "The Basketball Diaries" could have a basketball court built at his rented home in 2004.
The lawsuit claims the work undermined a slope behind the couple's home and left their deck and pool in danger of collapse.
The judge said Thursday that the suit failed to show DiCaprio caused the destabilization.
"I don't think he cut down the trees; he's probably busy doing some other things," Bigelow said.
DiCaprio's court papers contend the problem may have been caused by the Linclaus installing an "illegal railroad tie retaining wall."
The papers contend the Linclaus were "seeking a scapegoat for the potential problems that they themselves created."