A State Superior Court Judge has dismissed one of the fraud claims by ex-Infinity Ward heads Jason West and Vince Zampella against their former employer Activision Blizzard, although one claim still stands. West and Zampella originally filed a lawsuit against Activision citing "breach of contract", following their abrupt removal as heads of the Call Of Duty: Modern Warfare developers in 2010. The duo then went on to add two counts of fraud to their original lawsuit, stating that Activision never intended to honor its contract with the pair in terms of creative authority and payment bonuses. However, judge Elihu Berle has now dismissed one of the counts, reports Bloomberg, agreeing with Actvision that the claim should not go forward. The other claim of promissory fraud is yet to be decided upon, with a trial due to be held on May 7.