Mel Gibson is asking a judge to throw out a lawsuit that was filed by Ramage Construction against him and many others – including his estranged wife, Robyn - RadarOnline.com has learned exclusively.

The lawsuit, filed September 13 in Los Angeles Superior Court, alleges that the actor and his soon-to-be ex-wife owe Ramage around $13,000 on several properties located near the Malibu church owned by Gibson

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According to new courts documents obtained by RadarOnline.com, the attorney for the actor responds to the claims made by Ramage Construction and states "accordingly, there were failures of consideration and material breaches of contract by Plaintiff which, in whole or in part, excuse Defendants performance."

The attorney for Gibson goes on to state that the lawsuit should also be tossed because any money that the former couple owes Ramage Construction has been paid.