It looks like Vin Diesel is headed back to court over xXx: Return of Xander Cage. A California appeals court judge ruled on Monday to reverse a 2017 decision that ended the suit, meaning that producer George Zakk can proceed in his claims that he was never credited or paid for his work on the film — with Zakk claiming he’s entitled to credit and payment on any sequels of the films he helped create.
Videos by ComicBook.com
According the ruling (via The Hollywood Reporter), the appeals court judge noted that Zakk’s claims did not fall under the statute of frauds, meaning that his claim can go forward.
“In short, we hold that Zakk’s allegation that he fully performed all of his obligations under the alleged oral or implied-in-fact contract was sufficient to take the contract out of the statute of frauds,” just Thomas Willhite wrote. He additionally noted “all promises in the contract are within the Statute of Frauds until one part of the contract completes his performance.”
The whole case began in May 2016 when Zakk, a producer of the original xXx film, sued both Diesel and Revolution Studios with a claim that he had been shut out of the sequel. Having worked with Diesel (through One Race Films) until 2007 Zakk claimed that he is entitled both credit and payment on the sequels to films he helped create. In 2016, the court instructed Zakk to gather additional evidence and come back. In the interim, the film in question was released and confirmed that Zakk had not been credited.
In 2017, however, Los Angeles Superior Court Judge John Doyle, dismissed much of Zakk’s claim, noting that the producer’s claim of multiple oral contracts to be a sham pleading in attempt to “avoid the reach of the statute of frauds and a demurrer without leave to amend.”
In the lawsuit, Zakk claims that he worked with the film, and was promised an onscreen credit plus $200,000. He is suing for $2 million for what he is owed, plus presumably breach of contract and punitive damages.
xXx: The Return of Xander Cage resurrected the xXx franchise, which initially launched with two films in 2002 and 2005. The second film delivered a less-than-stellar box office, and with Diesel’s market value exploding, Xander Cage was shelved for a decade.
Fans remembered the franchise, though, and never stopped asking about it. The Return of Xander Cage was announced not long after Riddick brought back Diesel’s star-making character from Pitch Black.
Zakk also served as an executive producer on The Chronicles of Riddick and as a consultant on a video game based on the franchise.
What do you think about this latest update in the complicated lawsuit against Vin Diesel? Let us know in the comments below.
