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Judge Allows Don Lemon Lawsuit Against Elon Musk to Proceed to Trial

By rejecting Musk’s attempts to move venue or strike the complaint, the ruling clears the way for trial.

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Overview

  • San Francisco Superior Court Judge Harold E. Kahn ruled on July 8 that Lemon’s allegations of fraud by false promise, misappropriation of name and likeness, and breach of implied contract meet the threshold to proceed.
  • The court dismissed Lemon’s counts for negligent misrepresentation, defamation, retaliation, negligence and harassment while allowing claims of promissory estoppel and unjust enrichment to go forward.
  • Musk’s failed bid to relocate the case to a Texas federal court and to strike the complaint keeps the dispute in San Francisco Superior Court.
  • Lemon filed the suit in August 2024 after Musk allegedly canceled a verbally agreed $1.5 million annual content deal by texting “contract is canceled” following their March interview.
  • No trial date has been set, and parties are preparing for discovery and pretrial motions ahead of the forthcoming court date.