LOS ANGELES -- An actor will have to properly serve several celebrities with a lawsuit if he wants to continue with litigation claiming he was hurt during a DVD promotion on a radio show, a judge ruled Wednesday.

Perry Caravello filed the $10.5 million lawsuit May 31 in Los Angeles Superior Court, asserting he was injured when tricked into putting his penis in a mousetrap on Sept. 27, 2006. He is alleging fraud and negligence, and is seeking an accounting of fees.

But Jimmy Kimmel, his show's warm-up comedian, Don Barris, and KLSX-FM (97.1) radio host Adam Carolla all maintain in declarations filed in connection with the suit that they were never served with a proper summons. Los Angeles Superior Court Judge Judith C. Chirlin granted their motion to find that service was insufficient, but urged their attorneys to not make service an obstacle to the plaintiff.

"I wouldn't really expect that somebody like Kimmel and Carolla are out there where somebody could find them," Chirlin said. "I suppose you could go hang out at "Dancing With the Stars" if Mr. Kimmel lasts there long."

Chirlin set a status conference in the case for May 22.

According to declarations submitted to the court by Kimmel and Barris, the attempted service consisted of leaving a copy of the lawsuit with a receptionist at the El Capitan Theatre, where "Jimmy Kimmel Live!" is filmed.

"The receptionist at "Jimmy Kimmel Live!" is not authorized to accept process on my behalf," both Kimmel and Barris state in their declarations.

In his declaration, Carolla says a copy of the lawsuit also was left with a receptionist where he works at CBS Radio Inc. in Los Angeles. She, too, does not have authority to accept service in his behalf, Carolla states.

CBS Radio Inc. also is asking that they be dismissed from the suit for the same reason.

Outside the courtroom, Caravello and his lawyer, Daniel D. Dydzak, criticized the three celebrities, saying they were willing to spend thousands of dollars fighting the issue of service when they will inevitably have to deal with the merits of the lawsuit.

The lawyer said he presented the papers to the receptionists and still believes service was sufficient.

Caravello also sued Johnny Knoxville, who has so far not contested service. He alleges the comic told him he would receive $10 million just for complying with the mousetrap directive, but that the device unexpectedly went off.

"Much to his emotional tranquility and to his physical harm, (Caravello) was severely injured when the trap literally went on his manhood," the lawsuit states.

The incident was videotaped without Caravello's permission and circulated over the Internet, the lawsuit states.

Caravello appeared on the radio show with Carolla and Knoxville in September to promote DVD sales of the 2003 television movie "Windy City Heat," which starred the plaintiff, the lawsuit states.

Caravello said there is no doubt in his mind that Knoxville promised him the money if he went ahead with the stunt.

"Johnny Knoxville said straight out that if you put your penis in the mousetrap I'll give you $10 million," Caravello said.

Kimmel is being sued because he and Caravello had entered a contract for the plaintiff to receive money from DVD sales and to be involved in sequels to the film, but so far Caravello has not been paid, the lawsuit states.

Barris assaulted Caravello without provocation shortly before the actor made a scheduled appearance on the ABC talk show, "Jimmy Kimmel Live!" the lawsuit stated.

Caravello, showing a scar on the back of his neck, said the assault was particularly harmful because he suffered a broken neck at age 16.