Judge Orders Elon Musk’s Emails Are Fair Game in Tesla Lawsuit

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Theo Burman is a Newsweek Live News Reporter based in London, U.K. He writes about U.S. politics and international news, with a focus on infrastructure and technology. He has covered technological and cultural issues extensively in the U.S. and the U.K., such as the rise of Elon Musk and other tech figures within the conservative movement, and the development of high-profile international construction projects. Theo joined Newsweek in 2024 and has previously written for Dexerto, PinkNews, and News UK. He is a graduate of Durham University and News Associates. You can get in touch with Theo by emailing [email protected]. Languages: English.

Theo Burman

Live News Reporter

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Elon Musk has been ordered to release private emails as part of an ongoing lawsuit against Tesla.

A California judge compelled the tech CEO to release the emails to help the court determine whether his company had intentionally misled the public by falsely advertising the Autopilot and Full Self-Driving features on Tesla vehicles.

Newsweek reached out to Tesla for comment via email.

Why It Matters.

Tesla is facing a lawsuit in California that accuses the electric vehicle manufacturer of misleading advertising around its self-driving technologies. The lawsuit, filed by plaintiff Briggs A. Matsko in 2022, argues that the company exaggerated the capabilities of its driver assistance systems, which endangered consumers and distorted the public’s perception of autonomous driving.

The legal action was brought in federal court in San Francisco, seeking damages for individuals who purchased or leased Tesla vehicles equipped with Autopilot, Enhanced Autopilot, or Full Self-Driving features since 2016.

What To Know

The complaint centers on claims that Tesla and CEO Musk repeatedly misrepresented these systems as fully autonomous or nearly so, even though the technology remains incomplete.

On April 18, the court ruled that Tesla’s proposal of five “custodians,” whose records were used in an attempt to prove that the company was not deliberately misleading customers, would not be sufficient.

Instead, the court said that Musk would be compelled to act as a custodian for the case, meaning he would have to provide emails and communications to the court.

According to court filings, Matsko alleges that Tesla promoted the advanced systems to boost vehicle sales and investments while knowing the features were not capable of fully autonomous operation and could pose safety risks.

Matsko, a resident of Rancho Murieta, California, said he paid a $5,000 premium for Enhanced Autopilot in his 2018 Tesla Model X. He alleges that despite advertising, Tesla “has yet to produce anything even remotely approaching a fully self-driving car.”

Matsko also described Tesla’s regular software updates as experimental, with drivers essentially acting as “untrained test engineers.” He cited issues such as vehicles steering into oncoming traffic, running red lights, and failing to execute basic turns.

The complaint also alleges that Tesla’s marketing campaigns, including statements by Musk, falsely implied that breakthroughs were imminent.

What People Are Saying

In the ruling, the U.S. District Court in the Northern District of California said: “Tesla argues that the information Musk relied on when he made the October 19, 2016 statement ‘is not relevant to whether the challenged statements were misleading or false,’ and maintains that ‘a contrary determination would allow plaintiffs to obtain intrusive discovery from apex custodians simply by including statements from those custodians in their pleadings.’

“These arguments are unpersuasive. LoSavio’s surviving claims are based in fraud and negligence, and LoSavio has alleged not only Musk’s direct involvement in representations about Tesla’s ADAS technology, but also that Musk himself made a statement that is one of the main alleged misrepresentations at issue.

“The documents that Musk relied on in making his statement are plainly relevant to LoSavio’s claims because they are relevant, among other things, to Musk’s
knowledge of his statement’s falsity. The court accordingly grants LoSavio’s motion to compel Musk and Elluswamy as custodians.”

What Happens Next

Tesla has not yet made a statement on the ruling. Musk will be compelled by the court to share his communications with the case.