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Tesla, Elon Musk seek dismissal in lawsuit alleging fraud and defamation

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Tesla and Elon Musk, jointly named as Defendants with Omar Qazi of the former @tesla_truth Twitter account, have filed a Motion to Dismiss an ongoing lawsuit brought by Plainsite.com owner Aaron Greenspan.

Greenspan, a Tesla short seller often associated with the online “$TSLAQ” community, is seeking an injunction and damages from alleged libelous activity by both Qazi and Musk. He also claims fraudulent communications by Musk and Tesla executives have lead to inflated company stock prices, thereby injuring his financial portfolio via stock purchases made and sold based on those communications. Tesla’s and Musk’s motion for dismissal was made as a separate action from the allegations against Qazi.

The Complaint, initially filed May 20, 2020, and later amended on July 2, 2020, is being litigated in the US Northern District of California, San Francisco Division under docket number 3:20-cv-03426-JD. The Motion to Dismiss was filed on July 31, 2020.

Tesla exhibits its electric cars and energy products at the 2018 LA Auto Show. [Credit: Christian Prenzler/Teslarati]

“Plaintiff’s allegations against the Tesla Defendants are not new. Plaintiff has been making the
same unsubstantiated and incendiary accusations—on Twitter, in purported online exposés, and in public and private communications—for years. What is new is Plaintiff’s attempt to transform his conspiracy theories, baseless suspicions, and Internet “research” into a federal lawsuit,” Tesla’s Motion argues against Greenspan’s claims. “Also new is Plaintiff’s apparent view that people should not use hyperbolic language or return his insults on the Internet, and Plaintiff’s claim that Mr. Musk’s dismissive commentary to and about him somehow damaged his reputation.”

The Complaint partly seeks to hold Musk liable for several statements made by Qazi during publicly-aired disagreements with Greenspan, characterizing the CEO’s positive replies to some of Qazi’s online posts as part of a “tag team” effort to discredit him. However, Tesla argues that liability would require a formal agent-type relationship between Qazi and Musk to hold legal weight. “While the [First Amended Complaint] speculates about ties between Mr. Qazi and Mr. Musk, Plaintiff tacitly admits he is not aware of such a relationship, other than alleged interactions on Twitter and in the media,” the Motion argues. Greenspan also cites Qazi’s attendance at a private Tesla event as evidence of an implied connection or common purpose with Musk.

Regarding any defamation claims, substantiated by Greenspan using email replies from Musk as well as Twitter comments in reply to a published article wherein derogatory remarks were made about Greenspan, Tesla’s Motion argues such comments are constitutionally protected opinions. Of particular note in the Complaint’s allegations is a supportive email to Twitter CEO Jack Dorsey sent by Musk purportedly in support of restoring Qazi’s suspended accounts.

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“Jack, what Omar is saying is accurate to the best of my knowledge. There has been an
orchestrated and sophisticated attempt to drive down Tesla stock through social media,
particularly Twitter,” Musk wrote.” This always increases around our earnings call, which is this
afternoon. Aaron Greenspan in particular has major issues. He’s the same nut but that claimed he was the founder of Facebook and sued Zuckerberg, among many other things. Never seen anything like it.”

In reference to this cited correspondence, Tesla argues, “As with his other statements, Mr. Musk’s reference to Plaintiff as a “nut but” with “major issues” is nonactionable opinion.”

Tesla Short Shorts (Credit: Tesla)

Most of the all-electric carmaker’s reply in the Motion, though, was focused on a legal defense against the most prevalent claims the Tesla short seller community is most vocal about: The company’s stock prices are artificially inflated due to fraudulent communication regarding their activities.

“As numerous courts have recognized, however, short sellers like Plaintiff…[sell] short because he believes the price of a stock overestimates its true value…whereas the premise of the fraud-on-the-market presumption is that investors rely on the market to reflect a stock’s true value,” Tesla states in their dismissal petition. “Plaintiff does not and could not claim that he relied on any alleged false statements because he believed that Tesla was engaged in fraud during the entire time he was betting against the Tesla stock… Even if Plaintiff could invoke the fraud-on-the market presumption, it would be conclusively rebutted because the Plaintiff plainly…would have bought or sold the stock even had he been aware that the stock’s price was tainted by fraud.”

Ultimately, Greenspan is seeking a declaratory judgment holding Qazi in contempt of court, a permanent injunction preventing further libelous statements against Greenspan in any published medium (written or oral), damages from Defendants’ alleged fraudulent actions to be assessed at time of trial, statutory damages from copyright infringements (over personal photos used as described in the suit), and punitive damages for alleged law breaking. Tesla and Musk, for their part, are seeking to have the case dismissed permanently, i.e., “with prejudice.”

For the average Tesla fan, owner, or stock holder, lawsuits may seem like something to avoid at (nearly) all costs, but Musk does not give the impression he has the same hesitation. The eccentric CEO makes his opinion of short sellers like Greenspan known quite often, and he has even humorously merchandised his ongoing battle by selling bright red “Short Shorts” donning the Tesla logo on the company web store.

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With Tesla stocks recently haven risen to a high of $1643 per share, the tensions between the camps will perhaps only continue to rise.

Tesla Motion to Dismiss, Aaron Greenspan by Teslarati on Scribd

Accidental computer geek, fascinated by most history and the multiplanetary future on its way. Quite keen on the democratization of space. | It's pronounced day-sha, but I answer to almost any variation thereof.

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Tesla investors will be shocked by Jim Cramer’s latest assessment

Jim Cramer is now speaking positively about Tesla, especially in terms of its Robotaxi performance and its perception as a company.

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Credit: CNBC Television/YouTube

Tesla investors will be shocked by analyst Jim Cramer’s latest assessment of the company.

When it comes to Tesla analysts, many of them are consistent. The bulls usually stay the bulls, and the bears usually stay the bears. The notable analysts on each side are Dan Ives and Adam Jonas for the bulls, and Gordon Johnson for the bears.

Jim Cramer is one analyst who does not necessarily fit this mold. Cramer, who hosts CNBC’s Mad Money, has switched his opinion on Tesla stock (NASDAQ: TSLA) many times.

He has been bullish, like he was when he said the stock was a “sleeping giant” two years ago, and he has been bearish, like he was when he said there was “nothing magnificent” about the company just a few months ago.

Now, he is back to being a bull.

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Cramer’s comments were related to two key points: how NVIDIA CEO Jensen Huang describes Tesla after working closely with the Company through their transactions, and how it is not a car company, as well as the recent launch of the Robotaxi fleet.

Jensen Huang’s Tesla Narrative

Cramer says that the narrative on quarterly and annual deliveries is overblown, and those who continue to worry about Tesla’s performance on that metric are misled.

“It’s not a car company,” he said.

He went on to say that people like Huang speak highly of Tesla, and that should be enough to deter any true skepticism:

“I believe what Musk says cause Musk is working with Jensen and Jensen’s telling me what’s happening on the other side is pretty amazing.”

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Tesla self-driving development gets huge compliment from NVIDIA CEO

Robotaxi Launch

Many media outlets are being extremely negative regarding the early rollout of Tesla’s Robotaxi platform in Austin, Texas.

There have been a handful of small issues, but nothing significant. Cramer says that humans make mistakes in vehicles too, yet, when Tesla’s test phase of the Robotaxi does it, it’s front page news and needs to be magnified.

He said:

“Look, I mean, drivers make mistakes all the time. Why should we hold Tesla to a standard where there can be no mistakes?”

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It’s refreshing to hear Cramer speak logically about the Robotaxi fleet, as Tesla has taken every measure to ensure there are no mishaps. There are safety monitors in the passenger seat, and the area of travel is limited, confined to a small number of people.

Tesla is still improving and hopes to remove teleoperators and safety monitors slowly, as CEO Elon Musk said more freedom could be granted within one or two months.

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Tesla launches ultra-fast V4 Superchargers in China for the first time

Tesla has V4 Superchargers rolling out in China for the first time.

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Credit: Tesla

Tesla already has nearly 12,000 Supercharger piles across mainland China. However, the company just initiated the rollout of the ultra-fast V4 Superchargers in China for the first time, bringing its quick-charging piles to the country for the first time since their launch last year.

The first batch of V4 Superchargers is now officially up and running in China, the company announced in a post on Chinese social media outlet Weibo today.

Tesla China teases arrival of V4 Superchargers in 2025

The company said in the post:

“The first batch of Tesla V4 Superchargers are online. Covering more service areas, high-speed charging is more convenient, and six-layer powerful protection such as rain and waterproof makes charging very safe. Simultaneously open to non-Tesla vehicles, and other brands of vehicles can also be charged. There are more than 70,000 Tesla Superchargers worldwide. The charging network layout covers 100% of the provincial capitals and municipalities in mainland China. More V4 Superchargers will be put into use across the country. Optimize the charging experience and improve energy replenishment efficiency. Tesla will accompany you to the mountains, rivers, lakes, and seas with pure electricity!”

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The first V4 Superchargers Tesla installed in China are available in four cities across the country: Shanghai, Zhejiang, Gansu, and Chongqing.

Credit: Tesla China

Tesla has over 70,000 Superchargers worldwide. It is the most expansive and robust EV charging network in the world. It’s the main reason why so many companies have chosen to adopt Tesla’s charging connector in North America and Europe.

In China, some EVs can use Tesla Superchargers as well.

The V4 Supercharger is capable of charging vehicles at speeds of up to 325kW for vehicles in North America. This equates to over 1,000 miles per hour of charging.

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Elon Musk hints at when Tesla could reduce Safety Monitors from Robotaxi

Tesla could be reducing Safety Monitors from Robotaxi within ‘a month or two,’ CEO Elon Musk says.

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Credit: Joe Tegtmeyer | X

Elon Musk hinted at when Tesla could begin reducing Safety Monitors from its Robotaxis. Safety Monitors are Tesla employees who sit in the front passenger seat during the driverless rides, and are there to ensure safety for occupants during the earliest rides.

Tesla launched its Robotaxi fleet in Austin last Sunday, and after eight days, videos and reviews from those who have ridden in the driverless vehicles have shown that the suite is safe, accurate, and well coordinated. However, there have been a few hiccups, but nothing that has put anyone’s safety in danger.

A vast majority — close to all of the rides — at least according to those who have ridden in the Robotaxi, have been performed without any real need for human intervention. We reported on what was the first intervention last week, as a Safety Monitor had to step in and stop the vehicle in a strange interaction with a UPS truck.

Watch the first true Tesla Robotaxi intervention by safety monitor

The Tesla and UPS delivery truck were going for the same street parking space, and the Tesla began to turn into it. The UPS driver parallel parked into the spot, which was much smaller than his truck. It seemed to be more of an instance of human error instead of the Robotaxi making the wrong move. This is something that the driverless cars will have to deal with because humans are aggressive and sometimes make moves they should not.

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The Safety Monitors have not been too active in the vehicles. After all, we’ve only seen that single instance of an intervention. There was also an issue with the sun, when the Tesla braked abnormally due to the glare, but this was an instance where the car handled the scenario and proceeded normally.

With the Robotaxi fleet operating impressively, some are wondering when Tesla will begin scaling back both the Safety Monitors and Teleoperators that it is using to ensure safety with these early rides.

CEO Elon Musk answered the inquiry by stating, “As soon as we feel it is safe to do so. Probably within a month or two.”

Musk’s response seems to confirm that there will be fewer Teleoperators and Safety Monitors in the coming months, but there will still be some within the fleet to ensure safety. Eventually, that number will get to zero.

Reaching a point where Tesla’s Robotaxi is driverless will be another significant milestone for the company and its path to fully autonomous ride-sharing.

Eventually, Tesla will roll out these capabilities to consumer-owned vehicles, offering them a path to generate revenue as their car operates autonomously and completes rides.

For now, Tesla is focusing on perfecting the area of Austin where it is currently offering driverless rides for just $4.20 to a small group of people.

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