A San Diego judge today rejected oral arguments of attorneys representing Electronic Arts and Origin Systems, Inc. The EA lawyers wanted to have the lawsuit brought by certain Ultima Online gamers moved from superior court to small claims court. Instead, Judge Judith McConnell set a trial date in superior court of February 11. At that time, opening arguments will take place in Case No. 718593: Ken Hinther, et al., Plaintiffs v. Electronic Arts, Inc.; et al., Defendants.

　　"This is big news for us," George Schultz, the attorney representing the six gamers said today after attending the hearing.

　　The case will now be heard in superior court which requires that money damages sought by plaintiff's be at least US$25,000. Small claims court on the other hand sets a limit of $5,000 for damages.

　　EA's attorneys can still file a written motion to have the trial moved to small claims court - and they likely will. Calls to an Electronic Arts spokesperson were not returned at press time.

　　Today's decision has no bearing on the earlier rejection by Judge McConnell of Schultz' request to have his case heard as a class action lawsuit (which potentially would open the case up to thousands of unhappy gamers). Although Schultz said today he would likely bring a new motion for class certification and will also amend his original complaint. These moves by Schultz will address the recent release of the Ultima Online add-on, The Second Age, which Origin is charging North American gamers for $6.99. Schultz says UO add-ons had been promised to gamers free of any charge.