A State Superior Court Judge has dismissed the first of two fraud charges filed by former Infinity Ward executives and Call of Duty: Modern Warfare creators Vince Zampella and Jason West against Activision.

Zampella and West filed claims of promissory fraud and fraudulent inducement against Activision, however, Judge Elihu Berle has ruled in favour of Activision on one count, dismissing the claim of fraudulent inducement.

Zampella and West claim they were unfairly dismissed by Activision, a company they claim strung them along with false promises until they’d completed making the blockbuster Call of Duty: Modern Warfare 2. West and Zampella were fired and escorted from Infinity Ward’s premises by security shortly after the game’s release. The two developers claim Activision did so in order to avoid paying them royalties on Modern Warfare 2.

However, Activision claims the two were in contract-breaching discussions with rival publisher Electronic Arts to defect. Zampella and West have since signed on with Electronic Arts and created a new studio called Respawn.

Activision has also filed a cross-complaint against Electronic Arts, claiming the publisher interfered with its employees’ contracts. It seeks $400 million in compensation.

The remaining claims will be he heard at trial beginning on the 7th of May.