LOS ANGELES — Creative Artists Agency is seeking dismissal of Terrence Howard’s lawsuit in which he alleges the talent agency fraudulently convinced him to take less money for his “Empire” role, arguing in new court papers that the actor waited too long to bring his allegations.

What You Need To Know

  • In his Los Angeles Superior Court lawsuit, actor Terrance Howard says that although he knew that CAA was packaging the project and receiving a fee, he was unaware of the conflicts of interest CAA was faced with

  • In court papers, CAA lawyers maintain that Howard’s allegations are barred by the statute of limitations

  • Creative Artists Agency is seeking dismissal of Terrence Howard’s lawsuit 

  • A hearing on the CAA dismissal motion is scheduled March 27

In his Los Angeles Superior Court lawsuit, Howard says that although he knew that CAA was packaging the project and receiving a fee, he was unaware of the conflicts of interest CAA was faced with by not only having their own financial interests incorporated into the project, but in also representing the actors and the production companies.

“Despite this feeling of trust, it would be years later that Howard would discover that CAA ... placed their own financial interests, as well as the interests of the production companies they also represented, ahead of his own,” the suit further states.

But in court papers filed Monday with Judge Cherol J. Nellon, CAA lawyers maintain that Howard’s allegations are barred by the statute of limitations.

“Howard was on actual notice of the facts underlying his claims ... that CAA acted as packaging agent for 'Empire' and was paid separately out of the show’s budget more than 10 years ago,” the agency’s attorneys state in their court papers.

However, Howard’s “proffered excuse” for not bringing a claim earlier, despite being aware of the important issues, is that he had “no idea” of what he now claims are the legal consequences of those issues, according to the CAA attorneys’ court papers.

“It would be highly prejudicial to CAA to require it to defend a deal that was negotiated a decade ago in February 2014,” the CAA attorneys further content in their court papers.

In the suit filed Dec. 8, the 54-year-old Howard’s lawyers state that while producers want to keep a top line production budget as low as reasonably possible, actors want to be paid the maximum value for their work. “Empire” had a debut pilot that reached nearly 10 million viewers, marking Fox’s highest rated debut in three years, the suit states.

“As a result, ‘Empire’ was an instant success, not only exceeding the network’s viewership expectations, but also bringing in significant praise by critics throughout the entertainment industry,” the suit states.

Howard’s film roles include “Crash” and “Hustle & Flow.”

A hearing on the CAA dismissal motion is scheduled March 27.