Activision Blizzard had some luck this week in court when one of the claims of fraud brought against it in the ongoing legal battle against former Infinity Ward heads (Jason West and Vincent Zampella) and Electronic Arts was dismissed by the presiding judge. California State Superior Court Judge Elihu Berle (Los Angeles) today sided with Activision in their assertion that a fraudulent-inducement claim made by West and Zampella was without merit and shouldn't be allowed to move forward. Judge Berle let the duo's claim of promissory fraud move forward.
The former Infinity Ward execs added the fraud claims to a 2010 lawsuit in which they alleged that Activision fired them as a way to avoid paying millions of dollars in royalties for Modern Warfare 2.
Activision claimed that they were fired because they were in secret talks with Electronic Arts to set up a new development studio and ink a publishing deal for the new shooter they planned to develop. In a December 2010 cross-complaint filed by Activision, the publisher asked for $400 million in damages from Electronic Arts for interfering with the contracts of the two former Infinity Ward employees.
The case will proceed on May 7 as West v. Activision, SC107041 in the California Superior Court of Los Angeles County.