California Superior Court has ruled that Activision's against founders Jason West and Vince Zampella and will go ahead.

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Activision originally filed the 400 million USD lawsuit against West and Zampella but soon expanded the suit to include EA when certain memo's surfaced that are alleged to implicate the rival publisher.

EA had moved for dismissal on grounds of insufficient evidence but Califonia Superior Court Judge Elihu Berle found grounds for the case to go on.

The suit originated shortly after West and Zampella were unceremoniously sacked from Infinity Ward supposedly to avoid paying around 36 million USD in royalties on the series. A counter-suit by West and Zampella followed and then the inclusion of EA in the original action.

The suit is expected to reach court this May although seem to be dragging things out as long as possible to sabotage the setting up of West and Zampella's new studio Respawn.

Thanks Industrygamers.

By Ewan Aiton