Legendary and producers Roy Lee, Dan Lin and Doug Davidson have been locked in a battle since the production company decided to boot the three men, saying they did little work on the film, scheduled to be released in 2014.
Lee, Lin and Davidson said they brought the film to Legendary and signed an agreement saying they will be paid.
Lawyers for Legendary said they have a 2011 draft contract with the three producers saying any disputes such as this one should play out privately in arbitration.
The producers said they want the dispute to go to court where they perceive they might have leverage with the prospect of internal Legendary information becoming public. They said they never signed the 2011 agreement requiring arbitration.
Private arbitration company JAMS told both sides it is allowing Superior Court Judge Abraham Kahn to determine whether the case should play out in public or private.