Cuba Gooding Jr.’s case is going to trial. According to the paperwork, Judge Phyllis Chu rejected his petition to dismiss the misdemeanor charges against him because he didn’t “set forth compelling factors to warrant dismissal in the interest of justice” for forcible touching and third degree sexual abuse. As we told you before, Cuba was in a bar when a woman claimed that he put his hand on her breast and squeezed. He’s denying it.

Gooding claimed that the woman in question has “various mental issues,” and that “his character and history weigh in favor of dismissal.” In addition, he said that a dismissal wouldn’t affect the safety or welfare of the community because there was no crime committed.

The judge didn’t agree. She said that there are “conflicting factual allegations between the criminal court information and the defendant’s motion [that] should be resolved at trial.” Cuba’s trial is set for September 3rd.