The ruling was issued by U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California.
Jury selection is scheduled to begin on Monday, and opening arguments are expected on Tuesday.
Musk had said dismissing his fraud and constructive fraud claims, which he proposed, would streamline the case and keep jurors focused on his goal of ensuring that OpenAI benefit humanity rather than be a “wealth machine.”
The case centers on Musk’s claim that OpenAI, Altman and Microsoft, one of OpenAI’s largest investors, conned him and the public by forming a for-profit entity in 2019, after he left OpenAI’s board.
OpenAI is preparing for a potential initial public offering that could value it at $1 trillion, Reuters has reported. Musk is seeking $150 billion in damages, according to a person involved in the case, with proceeds going to OpenAI’s charitable arm.
