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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 begins Robotaxi certification push in Arizona: report

Tesla seems serious about expanding its Robotaxi service to several states in the coming months.

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Credit: Tesla

Tesla has initiated discussions with Arizona transportation regulators to certify its driverless Robotaxi service in the state, as per a recent report from Bloomberg News. The move follows Tesla’s launch of its Robotaxi pilot program in Austin, Texas, as well as CEO Elon Musk’s recent comments about the service’s expansion in the Bay Area.

The Arizona Department of Transportation confirmed to Bloomberg that Tesla has reached out to begin the certification process for autonomous ride-sharing operations in the state. While details remain limited, the outreach suggests that Tesla is serious about expanding its driverless Robotaxi service to several territories in the coming months.

The Arizona development comes as Tesla prepares to expand its service area in Austin this weekend, as per CEO Elon Musk in a post on X. Musk also stated that Tesla is targeting the San Francisco Bay Area as its next major market, with a potential launch “in a month or two,” pending regulatory approvals.

Tesla first launched its autonomous ride-hailing program on June 22 in Austin with a small fleet of Model Y vehicles, accompanied by a Tesla employee in the passenger seat to monitor safety. While still classified as a test, Musk has said the program will expand to about 1,000 vehicles in the coming months. Tesla will later upgrade its Robotaxi fleet with the Cyercab, a two-seater that is designed without a steering wheel.

Sightings of Cybercab castings around the Giga Texas complex suggests that Tesla may be ramping the initial trial production of the self-driving two-seater. Tesla, for its part, has noted in the past that volume production of the Cybercab is expected to start sometime next year.

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In California, Tesla has already applied for a transportation charter-party carrier permit from the state’s Public Utilities Commission. The company is reportedly taking a phased approach to operating in California, with the Robotaxi service starting with pre-arranged rides for employees in vehicles with safety drivers.

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Tesla sets November 6 date for 2025 Annual Shareholder Meeting

The automaker announced the date on Thursday in a Form 8-K.

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Credit: Tesla

Tesla has scheduled its 2025 annual shareholder meeting for November 6, addressing investor concerns that the company was nearing a legal deadline to hold the event. 

The automaker announced the date on Thursday in a Form 8-K submitted to the United States Securities and Exchange Commission (SEC). The company also listed a new proposal submission deadline of July 31 for items to be included in the proxy statement.

Tesla’s announcement followed calls from a group of 27 shareholders, including the leaders of large public pension funds, which urged Tesla’s board to formally set the meeting date, as noted in a report from The Wall Street Journal

The group noted that under Texas law, where Tesla is now incorporated, companies must hold annual meetings within 13 months of the last one if requested by shareholders. Tesla’s previous annual shareholder meeting was held on June 13, 2024, which placed the July 13 deadline in focus.

Tesla originally stated in its 2024 annual report that it would file its proxy statement by the end of April. However, an amended filing on April 30 indicated that the Board of Directors had not yet finalized a meeting date, at least at the time.

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The April filing also confirmed that Tesla’s board had formed a special committee to evaluate certain matters related to CEO Elon Musk’s compensation plan. Musk’s CEO performance award remains at the center of a lengthy legal dispute in Delaware, Tesla’s former state of incorporation.

Due to the aftermath of Musk’s legal dispute about his compensation plan in Delaware, he has not been paid for his work at Tesla for several years. Musk, for his part, has noted that he is more concerned about his voting stake in Tesla than his actual salary.

At last year’s annual meeting, TSLA shareholders voted to reapprove Elon Musk’s compensation plan and ratified Tesla’s decision to relocate its legal domicile from Delaware to Texas.

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Grok coming to Tesla vehicles next week “at the latest:” Elon Musk

Grok’s rollout to Tesla vehicles is expected to begin next week at the latest.

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Credit: Tesla China

Elon Musk announced on Thursday that Grok, the large language model developed by his startup xAI, will soon be available in Tesla vehicles. Grok’s rollout to Tesla vehicles is expected to begin next week at the latest, further deepening the ties between the two Elon Musk-led companies.

Tesla–xAI synergy

Musk confirmed the news on X shortly after livestreaming the release of Grok 4, xAI’s latest large language model. “Grok is coming to Tesla vehicles very soon. Next week at the latest,” Musk wrote in a post on social media platform X.

During the livestream, Musk and several members of the xAI team highlighted several upgrades to Grok 4’s voice capabilities and performance metrics, positioning the LLM as competitive with top-tier models from OpenAI and Google.

The in-vehicle integration of Grok marks a new chapter in Tesla’s AI development. While Tesla has long relied on in-house systems for autonomous driving and energy optimization, Grok’s integration would introduce conversational AI directly into its vehicles’ user experience. This integration could potentially improve customer interaction inside Tesla vehicles.

xAI and Tesla’s collaborative footprint

Grok’s upcoming rollout to Tesla vehicles adds to a growing business relationship between Tesla and xAI. Earlier this year, Tesla disclosed that it generated $198.3 million in revenue from commercial, consulting, and support agreements with xAI, as noted in a report from Bloomberg News. A large portion of that amount, however, came from the sale of Megapack energy storage systems to the artificial intelligence startup.

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In July 2023, Musk polled X users about whether Tesla should invest $5 billion in xAI. While no formal investment has been made so far, 68% of poll participants voted yes, and Musk has since stated that the idea would be discussed with Tesla’s board.

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