Lemon v. Musk et al

Federal Civil Lawsuit California Northern District Court, Case No. 3:24-cv-06487-MMC
District Judge Maxine M. Chesney, presiding
Tags
District Judge Maxine M. Chesney
Last Updated December 13, 2024 at 4:09 PM EST (23.5 hours ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Don Lemon, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Mahru Madjidi +1 310 860 0770 mmadjidi@shegerianlaw.com

Represented by Shegerian & Associates Inc.

Name Phone Fax E-Mail
Space Bryan T. Kirsh +1 310 860 0770 +1 310 860 0771 bkirsh@shegerianlaw.com
Space Mahru Madjidi +1 310 860 0770 +1 310 860 0771 MMadjidi@Shergerianlaw.xom
Space Carney R Shegerian +1 310 860 0770 +1 310 860 0771 cshegerian@shegerianlaw.com
v.
Musk, Elon Reeve Musk, Elon Reeve, Defendant
Officially listed as "Elon Musk"
Tesla, Inc. CEO, Tesla, Inc., October 15, 2008 - Present
Beneficial Owner, Excession LLC
SolarCity Corporation Chairman of the Board, SolarCity Corporation
President, Musk Foundation
X Corp. CEO, X Corp.

Represented by Wilmer Hale, LLP

Name Phone Fax E-Mail
Space Claire Murphy Bergeron +1 202 663 6414 +1 202 663 6363 Claire.Bergeron@wilmerhale.com
Space Noah Stephen Guiney +1 650 600 5120 noah.guiney@wilmerhale.com
Space Ari Holtzblatt +1 202 663 6000 +1 202 663 6363 ari.holtzblatt@wilmerhale.com
X Corp. X Corp., Defendant

Represented by Wilmer Hale, LLP

Name Phone Fax E-Mail
Space Claire Murphy Bergeron +1 202 663 6414 +1 202 663 6363 Claire.Bergeron@wilmerhale.com
Space Noah Stephen Guiney +1 650 600 5120 noah.guiney@wilmerhale.com
Space Ari Holtzblatt +1 202 663 6000 +1 202 663 6363 ari.holtzblatt@wilmerhale.com
Attributes
Office San Francisco
Filed 9/16/2024
Jury Demand Plaintiff
Demand
Nature of Suit 370 - Fraud or Truth-In-Lending
Cause Section 28 U.S.C. § 1441 Petition for Removal- Fraud
Jurisdiction Diversity
Disposition
County San Francisco
Terminated
Origin 2
Reopened
Lead Case
Related Case
Other Court Case CGC-24-616892[San Francisco County Superior Court]
Defendant Custody Status
Flag ADRMOP
Timeline
  Entries (44) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 45 Filed: 12/13/2024, Entered: None Order
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Legal Document (Payment Possibly Required) 44 Filed: 12/5/2024, Entered: None ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
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Legal Document 43 Filed: 11/29/2024, Entered: None ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
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Legal Document (Payment Possibly Required) 41 Filed: 11/19/2024, Entered: None Opposition/Response to Motion
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Legal Document (Payment Possibly Required) 40 Filed: 11/15/2024, Entered: None Administrative Motion per Civil Local Rule 7-11
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Legal Document 39 Filed: 10/29/2024, Entered: None Order
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Legal Document 38 Filed: 10/28/2024, Entered: None Order
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Legal Document (Payment Possibly Required) 37 Filed: 10/24/2024, Entered: None Request For Judicial Notice
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Legal Document (Payment Possibly Required) 36 Filed: 10/24/2024, Entered: None Declaration in Support
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Legal Document (Payment Possibly Required) 35 Filed: 10/24/2024, Entered: None Reply to Opposition/Response
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Legal Document 34 Filed: 10/23/2024, Entered: None Response ( Non Motion )
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Legal Document 33 Filed: 10/22/2024, Entered: None Order
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Legal Document 32 Filed: 10/22/2024, Entered: None Order
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Legal Document (Payment Possibly Required) 31 Filed: 10/22/2024, Entered: None Objection
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Legal Document 30 Filed: 10/22/2024, Entered: None Objection
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Legal Document (Payment Possibly Required) 29 Filed: 10/16/2024, Entered: 10/16/2024 Declaration in Support
Declaration of Nicole Hollander in Support of [28] Opposition/Response to Motion, filed byElon Musk. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Related document(s)[28]) (Holtzblatt, Ari) (Filed on 10/16/2024)
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Legal Document (Payment Possibly Required) 28 Filed: 10/16/2024, Entered: 10/16/2024 Opposition/Response to Motion
OPPOSITION/RESPONSE (re [15] MOTION to Remand Case to State Court and Request for Attorney's Fees, or in the Alternative, Request for Leave to Pursue Jurisdictional Discovery ) filed byElon Musk. (Attachments: # (1) Proposed Order)(Holtzblatt, Ari) (Filed on 10/16/2024)
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Legal Document (Payment Possibly Required) 27 Filed: 10/15/2024, Entered: 10/15/2024 Reply to Opposition/Response
REPLY (re [14] MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Service, and Failure to State a Claim ) filed byElon Musk. (Holtzblatt, Ari) (Filed on 10/15/2024)
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Legal Document (Payment Possibly Required) 26 Filed: 10/15/2024, Entered: 10/15/2024 Reply to Opposition/Response
REPLY (re [13] MOTION to Dismiss Plaintiff's Complaint and Motion to Strike ) (in Support of Request for Judicial Notice) filed byX Corp.,. (Holtzblatt, Ari) (Filed on 10/15/2024)
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Legal Document (Payment Possibly Required) 25 Filed: 10/15/2024, Entered: 10/15/2024 Reply to Opposition/Response
REPLY (re [13] MOTION to Dismiss Plaintiff's Complaint and Motion to Strike ) filed byX Corp.,. (Holtzblatt, Ari) (Filed on 10/15/2024)
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Legal Document (Payment Possibly Required) 24 Filed: 10/7/2024, Entered: 10/7/2024 Objection
OBJECTIONS to Defendant X Corp.'s Request for Judicial Notice re [13] MOTION to Dismiss and Motion to Strike by Don Lemon. (Shegerian, Carney) (Filed on 10/7/2024) Modified on 10/8/2024 (gba, COURT STAFF).
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Legal Document (Payment Possibly Required) 23 Filed: 10/7/2024, Entered: 10/7/2024 Declaration in Support
Declaration of Bryan Kirsh, Esq. in Support of [22] Opposition/Response to Motion, filed byDon Lemon. (Attachments: # (1) Exhibit Lemons Complaint)(Related document(s)[22]) (Shegerian, Carney) (Filed on 10/7/2024)
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Legal Document 22 Filed: 10/7/2024, Entered: 10/7/2024 Opposition/Response to Motion
OPPOSITION/RESPONSE (re [13] MOTION to Dismiss and Motion to Strike ) filed byDon Lemon. (Attachments: # (1) Proposed Order re Plaintiffs Opposition to Defendant Elon Musks Motion to Dismiss)(Shegerian, Carney) (Filed on 10/7/2024)
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Legal Document (Payment Possibly Required) 21 Filed: 10/7/2024, Entered: 10/7/2024 Request For Judicial Notice
Request for Judicial Notice re [19] Opposition/Response to Motion filed byDon Lemon. (Related document(s)[19]) (Shegerian, Carney) (Filed on 10/7/2024)
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Legal Document (Payment Possibly Required) 20 Filed: 10/7/2024, Entered: 10/7/2024 Declaration in Support
Declaration in Support of [19] Opposition/Response to Motion filed byDon Lemon. (Attachments: # (1) Exhibit Lemons Complaint, # (2) Exhibit Musk Texas SOS Voter Registration, # (3) Exhibit Musk Texas SOS Voter Registration, # (4) Exhibit CBS News Article, # (5) Exhibit Cameron County Commissioner Court Minutes, # (6) Exhibit Elon Musk User Post on X, # (7) Exhibit Non-Service Report of Elon Musk (1 of 2), # (8) Exhibit Non-Service Report of Elon Musk (2 of 2), # (9) Exhibit Certified Mail Service Attempt for Elon Musk, # (10) Exhibit Proof of Service for Elon Musk, # (11) Exhibit X Corp. SOS Filing California, # (12) Exhibit X Corp. SOS Filing California, # (13) Exhibit X Corp. SOS Filing California, # (14) Exhibit X Corp. SOS Filing California, # (15) Exhibit X Corp. SOS Filing Nevada, # (16) Exhibit X Corp. SOS Filing Colorado, # (17) Exhibit X Corp. SOS Filing Illinois, # (18) Exhibit X Corp. SOS Filing Massachusetts, # (19) Exhibit X Corp. SOS Filing N. Dakota, # (20) Exhibit X Corp. SOS Filing Oregon, # (21) Exhibit Elon Musk User Post on X, # (22) Exhibit Tesla SEC Filing, # (23) Exhibit SpaceX Website, # (24) Exhibit SpaceX SOS Filing California, # (25) Exhibit Neuralink SOS Filing California, # (26) Exhibit Complaint in Musk v. Altman 1 of 2, # (27) Exhibit Complaint in Musk v. Altman 2 of 2, # (28) Exhibit Complaint in X Corp. v. Wachtell, # (29) Exhibit Complaint in X Corp. v. CCDH, # (30) Exhibit Complaint in X Corp. v. Bonta, # (31) Exhibit Complaint in Tesla v. Evject, # (32) Exhibit Complaint in Tesla v. Yancheng Jeco Auto, # (33) Exhibit Complaint in Tesla v. Matthews, # (34) Exhibit Complaint in Tesla v. Adeia, # (35) Exhibit Complaint in Tesla v. Berkley, # (36) Exhibit Alphanso User Post on X, # (37) Exhibit Elon Musk User Post on X)(Related document(s)[19]) (Shegerian, Carney) (Filed on 10/7/2024)
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Legal Document (Payment Possibly Required) 19 Filed: 10/7/2024, Entered: 10/7/2024 Opposition/Response to Motion
OPPOSITION/RESPONSE (re [14] MOTION to Dismiss ) filed byDon Lemon. (Attachments: # (1) Proposed Order re Plaintiffs Opposition to Defendant Elon Musks Motion to Dismiss)(Shegerian, Carney) (Filed on 10/7/2024)
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Legal Document 18 Filed: 10/2/2024, Entered: 10/2/2024 Objection
OBJECTIONS to re [1] Notice of Removal, by Don Lemon. (Attachments: # (1) Proposed Order Granting Plaintiff's Objections to Evidence in Opposition)(Shegerian, Carney) (Filed on 10/2/2024)
  • Attachment 1 Proposed Order Granting Plaintiff's Objections to Evidence in Opposition
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Legal Document 17 Filed: 10/2/2024, Entered: 10/2/2024 Request For Judicial Notice
Request for Judicial Notice re [15] MOTION to Remand Case to State Court filed byDon Lemon. (Related document(s)[15]) (Shegerian, Carney) (Filed on 10/2/2024)
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Legal Document (Payment Possibly Required) 16 Filed: 10/2/2024, Entered: 10/2/2024 Declaration in Support
Declaration of Bryan Kirsh, Esq. in Support of [15] MOTION to Remand Case to State Court filed byDon Lemon. (Attachments: # (1) Exhibit Lemons Complaint, # (2) Exhibit X Corp. Proof of Service, # (3) Exhibit Elon Musk Proof of Service, # (4) Exhibit X Corp.s Answer in Grecco Productions v. Twitter, # (5) Exhibit X Corp.s Answer in Waterman v. Twitter, # (6) Exhibit X Corp.s Xs Notice of Removal in Turkal v. Twitter, # (7) Exhibit Answer in Backgrid USA, Inc. v. Twitter, # (8) Exhibit X Corp.s Answer in Concord Music Group, Inc. v. X, # (9) Exhibit X Corp.s Motion to Dismiss in McMillian v. X, # (10) Exhibit Musks Complaint in Musk v. Altman, # (11) Exhibit X Corp. Secretary of State Filing California, # (12) Exhibit X Corp. Secretary of State Filing California, # (13) Exhibit X Corp. Secretary of State Filing California, # (14) Exhibit X Corp. Secretary of State Filing California, # (15) Exhibit Adeeb Sahar CA State Bar Profile, # (16) Exhibit Adeeb Sahar Declaration, # (17) Exhibit Mary Hansbury CA State Bar Profile, # (18) Exhibit Mary Hansbury Declaration, # (19) Exhibit Mary Hansbury User Profile on X, # (20) Exhibit Keith Coleman User Profile on X, # (21) Exhibit Samantha Malpass CA State Bar Profile, # (22) Exhibit Samantha Malpass Declaration, # (23) Exhibit Haofei Wang Declaration, # (24) Exhibit Dhruv Batura Declaration, # (25) Exhibit Dhruv Batura User Profile on X, # (26) Exhibit Rob Pietsch User Profile on X, # (27) Exhibit Emily Barnett Declaration, # (28) Exhibit X Corp.s Terms of Service Policy, # (29) Exhibit X Corp.s Law Enforcement Guidelines, # (30) Exhibit X Corp.s Privacy Policy, # (31) Exhibit Yahoo Finance News Article, # (32) Exhibit X Corp. Secretary of State Filing Nevada, # (33) Exhibit X Corp. Secretary of State Filing Colorado, # (34) Exhibit X Corp. Secretary of State Filing Illinois, # (35) Exhibit X Corp. Secretary of State Filing Massachusetts, # (36) Exhibit X Corp. Secretary of State Filing N. Dakota, # (37) Exhibit X Corp. Secretary of State Filing Oregon, # (38) Exhibit X Corp. Secretary of State Filing Virginia)(Related document(s)[15]) (Shegerian, Carney) (Filed on 10/2/2024)
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Legal Document 15 Filed: 10/2/2024, Entered: 10/2/2024 Motion to remandCourt Filing
MOTION to Remand Case to State Court and Request for Attorney's Fees, or in the Alternative, Request for Leave to Pursue Jurisdictional Discovery; Memorandum of Points and Authorities filed by Don Lemon. Motion Hearing set for 11/8/2024 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 10/16/2024. Replies due by 10/23/2024. (Attachments: # (1) Proposed Order Granting Plaintiff's Motion to Remand) (Shegerian, Carney) (Filed on 10/2/2024)
  • Attachment 1 Proposed Order Granting Plaintiff's Motion to Remand
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Legal Document 14 Filed: 9/23/2024, Entered: 9/23/2024 Motion to Dismiss
MOTION to Dismiss for Lack of Personal Jurisdiction, Improper Service, and Failure to State a Claim; Memorandum of Points and Authorities filed by Elon Musk. Motion to Dismiss Hearing set for 11/1/2024 09:00 AM in San Francisco, Courtroom 07, 19th Floor. Responses due by 10/7/2024. Replies due by 10/15/2024. (Attachments: # (1) Proposed Order)(Holtzblatt, Ari) (Filed on 9/23/2024)
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Legal Document 13 Filed: 9/23/2024, Entered: 9/23/2024 Motion to Dismiss
MOTION to Dismiss Plaintiff's Complaint and Motion to Strike filed by X Corp.,. Motion to Dismiss Hearing set for 11/1/2024 09:00 AM in San Francisco, Courtroom 07, 19th Floor. Responses due by 10/7/2024. Replies due by 10/15/2024. (Attachments: # (1) Request for Judicial Notice, # (2) Exhibit A, # (3) Proposed Order Granting Motion to Dismiss, # (4) Proposed Order Granting Motion to Strike and Request for Judicial Notice) (Holtzblatt, Ari) (Filed on 9/23/2024)
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Legal Document (Payment Possibly Required) 12 Filed: 9/17/2024, Entered: 9/17/2024 OrderCourt Filing
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Claire Bergeron is granted. Signed by Judge Maxine M. Chesney on September 17, 2024. (mmclc2, COURT STAFF) (Filed on 9/17/2024)
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Legal Document 11 Filed: 9/16/2024, Entered: 9/16/2024 Initial Case Management Scheduling Order with ADR Deadlines
Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 12/13/2024. Initial Case Management Conference set for 12/20/2024 10:30 AM in San Francisco, - Videoconference Only. (far, COURT STAFF) (Filed on 9/16/2024)
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Legal Document (Payment Possibly Required) 10 Filed: 9/16/2024, Entered: 9/16/2024 Certificate of service
CERTIFICATE OF SERVICE by Elon Musk, X Corp., re [9] Case Assigned by Intake,, [6] Certificate of Interested Entities, [7] Certificate of Interested Entities, [4] Certificate of Interested Entities, [1] Notice of Removal, [8] MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19847731.), [5] Notice (Other) (Holtzblatt, Ari) (Filed on 9/16/2024)
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Blank 9 Filed: 9/16/2024, Entered: 9/16/2024 Case Assigned by IntakeCourt Filing
Case assigned to Judge Maxine M. Chesney. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ark, COURT STAFF) (Filed on 9/16/2024)
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Legal Document (Payment Possibly Required) 8 Filed: 9/16/2024, Entered: 9/16/2024, Terminated: 9/17/2024 Motion for Pro Hac Vice
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19847731.) filed by X Corp.,. (Bergeron, Claire) (Filed on 9/16/2024)
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Legal Document (Payment Possibly Required) 7 Filed: 9/16/2024, Entered: 9/16/2024 Certificate of Interested Entities
Rule 7.1 Disclosures by X Corp., identifying Corporate Parent X Holdings Corp. for X Corp.,. (Holtzblatt, Ari) (Filed on 9/16/2024)
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Legal Document (Payment Possibly Required) 6 Filed: 9/16/2024, Entered: 9/16/2024 Certificate of Interested Entities
Certificate of Interested Entities by X Corp., identifying Other Affiliate X Holdings Corp. for X Corp.,. (Holtzblatt, Ari) (Filed on 9/16/2024)
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Legal Document (Payment Possibly Required) 5 Filed: 9/16/2024, Entered: 9/16/2024 Notice (other)
NOTICE by X Corp., of Consent to Removal (Holtzblatt, Ari) (Filed on 9/16/2024)
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Legal Document (Payment Possibly Required) 4 Filed: 9/16/2024, Entered: 9/16/2024 Certificate of Interested Entities
Rule 7.1 Disclosures by Elon Musk (Holtzblatt, Ari) (Filed on 9/16/2024)
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Blank 3 Filed: 9/16/2024, Entered: 9/16/2024 Notice of Appearance/Substitution/Withdrawal of Attorney
NOTICE of Appearance filed by Noah Stephen Guiney on behalf of X Corp., (Guiney, Noah) (Filed on 9/16/2024)
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Blank 2 Filed: 9/16/2024, Entered: 9/16/2024 Notice of Appearance/Substitution/Withdrawal of Attorney
NOTICE of Appearance filed by Ari Holtzblatt on behalf of X Corp., (Holtzblatt, Ari) (Filed on 9/16/2024)
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Legal Document 1 Filed: 9/16/2024, Entered: 9/16/2024 Notice of Removal
NOTICE OF REMOVAL from San Francisco County Superior Court. Their case number is CGC-24-616892. (Filing fee $405 receipt number ACANDC-19847262). Filed by Elon Musk. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Civil Cover Sheet)(Holtzblatt, Ari) (Filed on 9/16/2024)
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