A Judge from the San Mateo County Superior Court struck down a request from Martin Eberhard, former chief executive officer of Tesla Motors, to be declared one of only two founders of the electric car maker, according to a statement from Tesla Motors Wednesday night.

Current CEO Elon Musk said the company agreed that Eberhard's claims regarding who the founders of the company were, had no merit, according to the release.

"We look forward to proving the facts in court as soon as possible and setting the historical record straight,' Musk said, according to the statement.

Tesla said the ruling was consistent with the company's belief in a team of founders, including the company's current CEO Musk, and Chief Technology Officer JB Straubel, who the automaker says, were both fundamental to the creation of Tesla from inception.

The legal battle between Tesla and Eberhard began when the latter sued the company and its current CEO in June, for libel, slander and breach of contract. The lawsuit is ongoing.

Eberhard's claims include that Musk set out to re-write history by falsely claiming that he was the founder or the creator of Tesla Motors. Eberhard also stated in the lawsuit that Musk sought to take ownership of the idea behind Tesla Motors denigrating Eberhard contributions and defaming him in various media outlets.

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