Legal documents acquired by The Hollywood Reporter state that there is sufficient evidence that the ousted studio heads were defrauded out of royalties by the studio.
West and Zampella were dismissed by Activision last year. The duo sued their former employer, claiming breach of contract and unpaid bonuses relating to Call Of Duty: Modern Warfare 2. Two counts of fraud were later added to the complaint.
In March 2010, Activision named Electronic Arts as a cross-defendant in the case, alleging that the firm courted West and Zampella in a secretive manner to poach their services. A Superior Court judge approved the case for trial.
Since parting company with Activision, West and Zampella have since set up partner studio Respawn Entertainment with EA.
Their Activision lawsuit is not expected to go to trial until the end of the year at the earliest.