Model Elsie Hewitt said her ex-boyfriend Ryan Phillippe can’t ask her to pony up for legal fees when his demands have nothing to do with the battery and assault claims she has filed against him, RadarOnline.com is reporting.

In Los Angeles Superior Court documents obtained by Radar, Hewitt said Phillippe’s “empty threat” to file a malicious prosecution claim against her is irrelevant to her suit, and should not have been included in his response to the complaint.

Hewitt initially filed a $1 million suit against the “Shooter” actor on September 18, alleging Phillippe grabbed her upper arm her and then threw her down a flight of stairs,

on July 4 while she was picking up some of her belongings at the actor’s home. She is suing for assault, battery and intentional infliction of emotional distress.

Phillippe has since denied the incident and all of the allegations in the suit. In court documents filed in November, the actor said Hewitt was the one who entered into his home in the middle of the night without his permission.

He said Hewitt fabricated the whole story in order to extort money and gain publicity for herself and her modeling career.

The actor said he was “raised by women in a household where women’s rights,

feminism and advocacy were very much at the forefront” and he was “sickened to have been falsely accused of domestic violence.”

Hewitt filed a report with the Los Angeles Police Department, but no charges were filed against Phillippe.

In her recent court filing, Hewitt’s attorneys, Keith Fink and Olaf Muller, asked the court to strike Phillippe’s demands for attorney’s fees and said no contract concerning fees were ever agreed upon by either parties.

“Insofar as Phillippe means to pray for recovery of fees in his as-yet-unfiled claim for malicious prosecution,”

“he is free to do so if and when he files such an action, not in his answer here,” said Hewitt’s attorneys in the affidavit.