A Los Angeles judge on Friday dismissed a lawsuit against Miley Cyrus which accused the teen icon of discriminating against Asians after she was photographed making "slant eyes."

Lucie Kim sued the "Hannah Montana" star in February after a photo emerged of Cyrus and friends slanting their eyes, supposedly trying to make themselves appear Asian, according to court papers.

Kim's lawyer sued Cyrus, 16, under a statute that prohibits businesses from discriminating against minorities.

Kim claimed the Disney star - should have known that her image would be publicly disseminated via the media, which focuses on her private life. -

However Los Angeles Superior Court Judge Robert Sohigian said he was not convinced Cyrus had violated a state law protecting citizens from discrimination by businesses.

In their court documents, lawyers for the pop sensation said the state's Unruh Civil Rights Act, cited by Kim's attorney, related to access to public accommodation and is not intended to provide redress for racial insults.

Cyrus's lawyers also noted that Kim had conceded in previous court papers she did not think the singer and her friends intended to discriminate against people of Asian-Pacific Islander descent.

In addition, Cyrus has twice apologized for the photo in US magazine, according to her lawyers.