The man who accused Xzibit of threatening to kill him, which the rapper strongly denied, failed to appear in court and his restraining order request was dismissed, In Touch can exclusively report.

According to court documents obtained by In Touch, a hearing was held on April 10 as part of Julio Garcia’s petition against Xzibit (real name: Alvin Joiner), 50.

Julio, who previously worked for Xzibit, did not appear at the hearing but Xzibit’s lawyer was present.

The judge noted that Julio also failed to serve Xzibit with the paperwork.

As a result, the case was dismissed due to Julio failing to move it forward. As In Touch first reported, Julio filed his petition for a restraining order on February 25.

He pleaded for the rapper to be ordered to stay 100 yards away from him, his family and Xzibit’s ex-wife, Krista Jointer. Julio listed Krista as his “employer.”

Xzibit and Krista are in the middle of an ugly divorce battle. Krista recently accused him of failing to pay court-ordered support.

His lawyer claimed Xzibit has “provided financial support in accordance with his legal obligations and has made every effort to ensure the well-being of his child.”

The attorney continued, “Despite this, [Krista] has deliberately and falsely portrayed him as neglectful and irresponsible in an apparent attempt to damage his reputation and alienate him from his son. These claims are not only demonstrably false but also deeply harmful.”

In the restraining order case, Julio claimed he worked for Xzibit and Krista for years. He said Xzibit often did not pay the full amount owed for work done.

Julio accused Xzibit of threatening to kill him if he testified and told Krista information about his assets, that he learned while working for him.

Julio claimed while working for Xzibit he learned about the rapper’s cannabis business, vehicles he has and where his alleged new home is located.

In his filing, Julio claimed the rapper told him he would kill him if he assisted Krista.

Julio claimed Xzibit told him, “Good luck to you and Krista.”

In Touch obtained a letter Xzibit’s attorney sent Krista, where he accuses his ex-wife of “manipulat[ing] witnesses through coercion and intimidation.”

Xzibit further alleged Krista “directly or indirectly threatened third-parties with legal and immigration-related consequences if they did not provide statements favorable to [her].”

It was unclear if Xzibit is referring to Julio or another third-party in his accusations.

Krista’s legal team told In Touch, “In response to the entry of the Restraining Order and personal service of the Restraining Order on Mr. Joiner, his lawyers at the law firm Offit Kurman sent two letters to Krista’s three lawyers. The Offit Kurman firm alleges that Krista’s lawyers have broken the law, intimidated witnesses, and committed other misconduct. The Offit Kurman partner, Victor Balladares, threatened to report all three of Krista’s counsel to the State Bar, the Attorney General, the District Attorneys’ Office, and the Department of Justice.”

Krista’s lawyer continued, “In response, Krista’s attorneys referred Mr. Joiner’s counsel to the sworn declaration of Mr. Garcia, who provided first-hand information about the statements and conduct of Mr. Joiner as well as the location of certain assets that had been so far concealed from or not disclosed to Krista. “

A temporary restraining order was granted but that has now been dissolved.