The latest dock entries suggest 8th November is set to be the first major hearing of FaZe Clan’s lawsuit against Turner “Tfue” Tenny.
Tfue and his legal team previously accused FaZe Clan of exploiting him over improper contract terms. His legal team stressed the fact that FaZe Clan takes the most of what Tfue makes and forced him into activities such as gambling, drinking and forcing him to live in one of their houses of which FaZe Banks publicly denied. Tfue’s legal team argued that their business with FaZe took place in California and the lawsuit should be continued accordingly by treating FaZe as a latent agency who failed to do right by Tfue but FaZe beg to differ. The eSports organization suggests that they are an org based in Delaware and the contract for Tfue was crafted in accordance with the jurisdiction of New York which means California court should dismiss the lawsuit under non-conveniens.
FaZe’s lawyers says this abstention is invalid in the court documents:
In the instant motion, defendant Turner Tenney (“Tenney”) asks the Court to abstain from exercising its rightful jurisdiction so that this case can be heard instead in a California state court. However, the contract at the heart of this case contains a mandatory and exclusive forum selection clause that requires it to be adjudicated in New York, under New York law. As discussed in detail below, there is no basis for the Court to abstain from exercising its jurisdiction in this case.
Tfue’s legal team is also forcing the issue as they are accusing FaZe of deliberately slowing down the proceedings by intentionally making themselves not available for the hearing.
Third, the relative progress of this case compared to the Labor Commissioner Proceeding and the LASC Action favors abstention. FaZe Clan concedes as it must that both the Labor Commissioner Proceeding and the LASC Action were filed before this action. In addition, both California’s actions are moving forward, despite FaZe Clan’s transparent efforts to slow them down. FaZe Clan has just advised the Labor Commissioner that it is completely unavailable between November 18, 2019 and February 16, 2020 for an evidentiary hearing in that matter – a representation belied by FaZe Clan’s evident interest in accelerating this action.
They also disagree with FaZe’s claims about being incorporated in Delaware and as they are headquartered in California, they are to face the lawsuit under California’s jurisdiction.
Taking the case away from California would put FaZe in a better position to defend themselves as it would immediately dismiss a lot of points form Tfue’s argument and would potentially shape up as a huge victory for FaZe Clan.
