Lindsay Lohan "I'm To sick for court!!"

[roadwarrior]

I am not surprised.

Lindsay Lohan really does have an excuse for everything.

Although a judge made it crystal clear that it was mandatory she appear in a Santa Monica court on Wednesday for a pre-trial hearing about her misdemeanor case for lying to police about her June 2012 car accident, she's now claiming she's too sick to fly cross-country from New York City.

According to TMZ, Lohan's new attorney, Mark Jay Heller, submitted documents informing the judge his client is suffering from an upper respiratory infection, and even included a January 11 article from The New York Post reporting that the flu epidemic has hit Manhattan.

Just one problem with Lohan's claim: On Saturday, she was photographed shopping up a storm in SoHo ... with a cigarette dangling out of her mouth – which is probably not the best medicine for an infection in your lungs, right?

This is also not the first time the "Liz & Dick" actress has used this excuse. Before filming began on "Scary Movie 5" in September, Lohan claimed she had the same illness – yet once producers threatened her with breach of contract, she miraculously recovered.

It should also be noted that in the New York Times expose on Lohan and her shenanigans on the set of her upcoming bomb, "The Canyons," the 26-year-old had a doctor come to the set after she partied all night with Lady Gaga and showed up hours late to work. His diagnosis: an inner-ear infection ... and his prescription was for her to go home and not work that day. "That's her doctor, he'll say whatever she wants," the director, Paul Schrader, told the Times' reporter. "I shot one day from a stretcher. She could do it, but she doesn't want to."

According to TMZ, if Lohan does not, in fact, show up in court tomorrow, the judge could issue a warrant for her arrest. If she does, it wouldn't be the first time for Lohan. In May 2010, Judge Marsha Revel issued a warrant after the actress claimed her passport had been stolen while she was in Cannes, France, and therefore could not make it back to California for a mandatory hearing. "There's really no valid excuse," the judge said at the time. "Probation is revoked, and the court is going to issue a warrant. I could not have been more clear as to the importance of the hearing ... She has a history of not keeping appointments."

And nearly three years later, that history continues.

Lohan's publicist deferred all legal questions to Heller, who did not return omg!'s call for comment on his client's health.

[gran2x2]

And the circus is still in town !!!!

[/b]