However, according to TMZ, oral arguments will take place this week and the judges may change their minds, but typically a tentative ruling stands, meaning the men can have their cases heard before a jury.
Michael's estate have a number of other objections, but these would be addressed by the trial judge.
Wade and James' allegations were the subject of an award-winning documentary, 'Leaving Neverland', which was released earlier this year.
The pair claimed in the bombshell HBO film that they were abused by the late King of Pop when they joined him on tour as children.
Wade alleged he was sexually abused by Michael from the age of seven until 14, while James claimed he was a victim from the age of 10 until he hit puberty.
The movie's director Reed defended the documentary and claimed that it shows the other side to what he called Michael's "Peter Pan-ish image".
The Jackson estate has denied all allegations made against the singer and in August, another documentary, Chase The Truth, was released to defend the Bad singer against the claims.