`
`
`
`Thomas E. Hill (SBN 100861)
`Christina T. Tellado (SBN 298597)
`HOLLAND & KNIGHT LLP
`400 South Hope Street, 8th Floor
`Los Angeles, California 90071
`Telephone: 213.896.2400
`Fax No.: 213.896.2450
`Email: thomas.hill@hklaw.com
`christina.tellado@hklaw.com
`
`
`Sara A. Begley (application for admission pro
`hac vice forthcoming)
`sara.begley@hklaw.com
`HOLLAND & KNIGHT LLP
`2929 Arch Street, Suite 800
`Philadelphia, PA 19104
`Telephone: (215) 252-9600
`Facsimile: (215) 867-6070
`Attorneys for Defendant Tesla, Inc.
`(Additional counsel listed on next page)
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`FOR THE COUNTY OF ALAMEDA
`
` No.: 22CV006830
`
`Assigned To The Honorable Evelio Grillo
`
`DEFENDANT TESLA, INC.’S ANSWER
`TO FIRST AMENDED CIVIL RIGHTS
`COMPLAINT FOR INJUNCTIVE AND
`MONETARY RELIEF AND DAMAGES
`
`
`DEPARTMENT OF FAIR EMPLOYMENT
`AND HOUSING, an agency of the State of
`California,
`
`Plaintiff,
`
`v.
`
`TESLA, INC., doing business in California as
`TESLA MOTORS, INC., and DOES ONE
`through FIFTY, inclusive,
`
`Defendants.
`
`
`
`
`
`
`DEFENDANT TESLA, INC.’S ANSWER TO FIRST AMENDED COMPLAINT
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`400 South Hope Street, 8th Floor
`
`Holland & Knight LLP
`
`Los Angeles, CA 90071
`
`Fax: 213.896.2450
`Tel: 213.896.2400
`
`

`

`
`
`Additional Counsel for Defendant Tesla, Inc.:
`Jeremy M. Sternberg (application for admission pro hac vice forthcoming)
`jeremy.sternberg@hklaw.com
`HOLLAND & KNIGHT LLP
`10 St. James Avenue, 11th Floor
`Boston, MA 02116
`Telephone: (617) 523-2700
`Facsimile: (617) 523-6850
`
`Raymond A. Cardozo (SBN 173263)
`rcardozo@reedsmith.com
`Brian A. Sutherland (SBN 248486)
`bsutherland@reedsmith.com
`REED SMITH LLP
`101 Second Street, Suite 1800
`San Francisco, CA 94105-3659
`Telephone: (415) 543-8700
`Facsimile: (415) 391-8269
`
`Tyree P. Jones Jr. (SBN 127631)
`tpjones@reedsmith.com
`REED SMITH LLP
`1301 K Street, N.W., Suite 1000
`Washington, DC 20005-3317
`Telephone: (202) 414-9200
`Facsimile: (202) 414-9299
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`DEFENDANT TESLA, INC.’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`Defendant Tesla, Inc. (“Tesla”) hereby answers the First Amended Civil Rights Complaint
`for Injunctive and Monetary Relief and Damages (“FAC”) of Plaintiff California Civil Rights
`Department (“CRD”) (formerly known as the California “Department of Fair Employment and
`Housing”) as follows:
`1.
`Tesla denies the allegations in Paragraph 1 of the FAC and its accompanying
`Footnotes 1-4 as alleged. To the extent that Paragraph 1 and its accompanying Footnotes 14 refer
`to various articles and public records, Tesla denies any characterization thereof, as they are writings
`which speak for themselves.
`2.
`Tesla admits that its factory in Fremont is located in the San Francisco Bay Area, and
`that the Fremont factory is the original site of the final assembly of Tesla’s electric vehicles. Tesla
`also admits that it has a manufacturing plant in Lathrop, California. To the extent that Paragraph 2
`and its accompanying Footnote 5 refer to various articles and public records, Tesla denies any
`characterization thereof, as they are writings which speak for themselves. Except as otherwise
`admitted, Tesla denies the allegations in Paragraph 2 of the FAC and its accompanying Footnote 5.
`3.
`Tesla admits that the workforce at its Fremont factory is currently non-union, and that
`it purchased the Fremont factory in 2010 and thereafter remodeled it. To the extent that Paragraph 3
`and its accompanying Footnotes 67 refer to various articles and public records, Tesla denies any
`characterization thereof, as they are writings which speak for themselves. Except as otherwise
`admitted, Tesla denies the allegations in Paragraph 3 of the FAC and its accompanying Footnotes 6-
`7.
`
`4.
`Tesla admits that the words “Our mission: to accelerate the world’s transition to
`sustainable energy” appear on the Fremont factory. Tesla also admits that its Chief Executive
`Officer Elon Musk has been widely recognized as a visionary. To the extent that Paragraph 4 and its
`accompanying Footnotes 810 refer to various articles and public records, Tesla denies any
`characterization thereof, as they are writings which speak for themselves. Except as otherwise
`admitted, Tesla states that it lacks information sufficient to allow it to form a belief as to the truth of
`the allegations in Paragraph 4 of the FAC and its accompanying Footnotes 8-10, and on that ground
`denies those allegations.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 3 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`5.
`Tesla admits that the retail pricing of its electric vehicle models varies, but denies that
`it “markets its vehicles” to any one type of consumer. To the extent that Paragraph 5 and its
`accompanying Footnote 11 refer to various articles and public records, Tesla denies any
`characterization thereof, as they are writings which speak for themselves.
`6.
`Tesla admits that it provides good-paying jobs and career opportunities to its
`employees in California. Except as otherwise admitted, Tesla states that it lacks information
`sufficient to allow it to form a belief as to the truth of the allegations in Paragraph 6 of the FAC and
`on that ground denies those allegations.
`7.
`Tesla denies the allegations in Paragraph 7 of the FAC and its accompanying
`Footnotes 12-13. To the extent that Paragraph 7 and its accompanying Footnotes 1213 refer to
`various articles and public records, Tesla denies any characterization thereof, as they are writings
`which speak for themselves.
`8.
`Tesla admits that more than 15,000 individuals currently work at the factory. To the
`extent that Paragraph 8 and its accompanying Footnotes 1417 refer to various articles and public
`records, Tesla denies any characterization thereof, as they are writings which speak for themselves.
`Except as otherwise admitted, Tesla denies the allegations in Paragraph 8 of the FAC and its
`accompanying Footnotes 14-17.
`9.
`Tesla denies the allegations in Paragraph 9 of the FAC and its accompanying
`Footnotes 18-19. To the extent that Paragraph 9 and its accompanying Footnotes 18-19 refer to
`various articles and public records, Tesla denies any characterization thereof, as they are writings
`which speak for themselves.
`10.
`Tesla denies the allegations in Paragraph 10 of the FAC and its accompanying
`Footnote 20. To the extent that Paragraph 10 and its accompanying Footnote 20 refer to various
`articles and public records, Tesla denies any characterization thereof, as they are writings which
`speak for themselves.
`11.
`Tesla denies the allegations in Paragraph 11 of the FAC and its accompanying
`Footnotes 21-22. To the extent that Paragraph 11 and its accompanying Footnotes 2122 refer to
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 4 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`various articles and public records, Tesla denies any characterization thereof, as they are writings
`which speak for themselves.
`12.
`To the extent the allegations of Paragraph 12 of the FAC consist of legal conclusions,
`no response is required. To the extent a response is required, Tesla admits that it announced in 2021
`its plan to move its corporate headquarters from California to Texas. To the extent that Paragraph 12
`and its accompanying Footnote 23 refer to various articles and public records, Tesla denies any
`characterization thereof, as they are writings which speak for themselves. Except as otherwise stated
`or admitted, Tesla denies the allegations.
`13.
`The statutes and regulations cited in Paragraph 13 of the FAC and its accompanying
`Footnote 24 speak for themselves and require no response. To the extent the allegations of
`Paragraph 13 and its accompanying Footnote 24 consist of legal conclusions, no response is
`required. To the extent a response is required, Tesla denies the allegations.
`14.
`The statutes cited in Paragraph 14 of the FAC and its accompanying Footnote 25
`speak for themselves and require no response. To the extent the allegations of Paragraph 14 and its
`accompanying Footnote 25 consist of legal conclusions, no response is required. To the extent a
`response is required, Tesla admits that CRD purports to bring this lawsuit pursuant to certain
`statutory authority and to describe the nature of the claims pled against Tesla, but Tesla denies that
`CRD has the statutory authority to bring this lawsuit or to assert the claims that CRD has pled
`against Tesla.
`15.
`The statutes and cases cited in Paragraph 15 of the FAC speak for themselves and
`require no response. To the extent the allegations in Paragraph 15 consist of legal conclusions, no
`response is required. To the extent a response is required, Tesla admits that CRD purports to
`describe its general authority to bring lawsuits and pursue remedies pursuant to certain statutes and
`other authority, but Tesla denies that CRD has any legal authority to bring this lawsuit against Tesla
`or to obtain any relief from Tesla on behalf of any entity or person.
`16.
`Tesla admits the allegations in Paragraph 16 of the FAC. To the extent that
`Paragraph 16 and its accompanying Footnote 26 refer to various articles and public records, Tesla
`denies any characterization thereof, as they are writings which speak for themselves.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 5 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`17.
`Tesla denies the allegations in Paragraph 17 of the FAC.
`18.
`To the extent the allegations in Paragraph 18 of the FAC consist of legal conclusions,
`no response is required. To the extent a response is required, Tesla denies the allegations.
`19.
`Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`20.
`Tesla admits the allegations of Paragraph 20 of the FAC.
`21.
`The statutes and regulations cited in Paragraph 21 of the FAC speak for themselves
`and require no response. The Notice of Group or Systemic Investigation and Director’s Complaint
`for Group/Class Relief against Tesla, Inc. (“Director’s Complaint”) cited in Paragraph 21 speak for
`themselves and require no response. To the extent a response is required, Tesla admits that the
`Director’s Complaint alleges that Tesla engaged in discrimination related to the purported
`harassment of Black and/or African American employees, retaliation against Black and/or African
`American employees who complained about such racial harassment, and failure to prevent such
`racial harassment, but makes no other allegations of unlawful conduct by Tesla. Except as otherwise
`stated or admitted, Tesla denies the allegations.
`22.
`To the extent the allegations of Paragraph 22 of the FAC consist of legal conclusions,
`no response is required. To the extent a response is required, Tesla admits that CRD issued a “cause
`finding” against it in January 2022. Except as otherwise stated or admitted, Tesla denies the
`allegations.
`23.
`The SEC filing cited in Paragraph 23 of the FAC speaks for itself and requires no
`response. To the extent that Paragraph 23 and its accompanying Footnote 27 refer to an article,
`Tesla denies any characterization thereof, as it is a writing which speaks for itself. To the extent a
`response is required, Tesla denies that CRD attempted in good faith “to resolve this matter without
`litigation” and/or that CRD otherwise satisfied the pre-suit obligations imposed on it by law,
`including the obligation to engage in pre-suit conciliation and good faith mediation.
`24.
`The statutes cited in Paragraph 24 of the FAC speak for themselves and require no
`response. To the extent a response is required, Tesla admits that CRD purports to describe its
`general authority to bring a lawsuit after satisfying certain pre-suit obligations imposed on CRD by
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 6 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`law, but denies that CRD satisfied those obligations before filing this lawsuit and/or that CRD has
`any legal authority to bring this lawsuit against Tesla or to obtain any relief from Tesla on behalf of
`any entity or person.
`25.
`Tesla denies the allegations of Paragraph 25 of the FAC.
`26.
`Tesla denies the allegations of Paragraph 26 of the FAC.
`27.
`Tesla admits the allegations of Paragraph 27 of the FAC.
`28.
`The statutes cited in Paragraph 28 of the FAC speak for themselves and require no
`response. To the extent the allegations in Paragraph 28 consist of legal conclusions, no response is
`required. To the extent a response is required, Tesla admits that CRD purports to describe its
`general authority to bring lawsuits and pursue remedies pursuant to certain statutes, but Tesla denies
`that CRD has any legal authority to bring this lawsuit against Tesla or to obtain any relief from Tesla
`on behalf of any entity or person.
`29.
`The statutes cited in Paragraph 29 of the FAC speak for themselves and require no
`response. To the extent the allegations in Paragraph 29 consist of legal conclusions, no response is
`required. To the extent a response is required, Tesla admits that CRD purports to describe its
`general authority to bring lawsuits and pursue remedies pursuant to certain statutes, but Tesla denies
`that CRD has any legal authority to bring this lawsuit against Tesla or to obtain any relief from Tesla
`on behalf of any entity or person.
`30.
`The statutes cited in Paragraph 30 of the FAC speak for themselves and require no
`response. Except as otherwise stated, Tesla denies the allegations.
`31.
`The statutes cited in Paragraph 31 of the FAC speak for themselves and require no
`response. To the extent the allegations in Paragraph 31 consist of legal conclusions, no response is
`required. To the extent a response is required, Tesla admits that CRD purports to describe its
`general authority to bring lawsuits and pursue remedies pursuant to certain statutes, but Tesla denies
`that CRD has any legal authority to bring this lawsuit against Tesla or to obtain any relief from Tesla
`on behalf of any entity or person.
`32.
`The statutes cited in Paragraph 32 of the FAC speak for themselves and require no
`response. To the extent the allegations in Paragraph 32 consist of legal conclusions, no response is
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 7 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`required. To the extent a response is required, Tesla admits that CRD purports to describe its
`general authority to bring lawsuits and pursue remedies pursuant to certain statutes, as well as its
`purpose in bringing this lawsuit, but Tesla denies that CRD has any legal authority to bring this
`lawsuit against Tesla or to obtain any relief from Tesla on behalf of any entity or person.
`33.
`The statutes and cases cited in Paragraph 33 of the FAC speak for themselves and
`require no response. To the extent the allegations in Paragraph 33 consist of legal conclusions, no
`response is required. To the extent a response is required, Tesla admits that CRD purports to
`describe its general authority to bring lawsuits and pursue remedies pursuant to certain statutes, and
`to justify this lawsuit based on such authority, but Tesla denies that CRD has any legal authority to
`bring this lawsuit against Tesla or to obtain any relief from Tesla on behalf of any entity or person.
`34.
`Tesla incorporates by reference its response to all prior paragraphs of the FAC as if
`fully set forth herein.
`35.
`Tesla denies the allegations in Paragraph 35 of the FAC and its accompanying
`Footnote 28.
`36.
`Tesla denies the allegations in Paragraph 36 of the FAC.
`37.
`Tesla denies the allegations in Paragraph 37 of the FAC.
`38.
`Tesla denies the allegations in Paragraph 38 of the FAC.
`39.
`Tesla denies the allegations in Paragraph 39 of the FAC.
`40.
`Tesla denies the allegations in Paragraph 40 of the FAC.
`41.
`Tesla denies the allegations in Paragraph 41 of the FAC.
`42.
`Tesla denies the allegations in Paragraph 42 of the FAC and its accompanying
`Footnote 29. To the extent that Paragraph 42 and its accompanying Footnote 29 refers to a public
`record, Tesla denies any characterization thereof, as it is a writing which speaks for itself.
`43.
`Tesla denies the allegations in Paragraph 43 of the FAC and its accompanying
`Footnotes 30-31. To the extent that Paragraph 43 and its accompanying Footnotes 3031 refer to
`public records, Tesla denies any characterization thereof, as they are writings which speak for
`themselves.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 8 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`44.
`Tesla denies the allegations in Paragraph 44 of the FAC and its accompanying
`Footnote 32. To the extent that Paragraph 44 and its accompanying Footnote 32 refer to a public
`record, Tesla denies any characterization thereof, as it is a writing which speaks for itself.
`45.
`To the extent the allegations in Paragraph 45 of the FAC consist of legal conclusions,
`no response is required. To the extent a response is required, Tesla states that the allegations are
`vague, ambiguous and unintelligible, and, on that basis, Tesla denies the allegations. To the extent
`that Paragraph 45 and its accompanying Footnote 33 refer to a public record, Tesla denies any
`characterization thereof, as it is a writing which speaks for itself.
`46.
`Tesla denies the allegations in Paragraph 46 of the FAC.
`47.
`Tesla denies the allegation in Paragraph 47 of the FAC.
`48.
`Tesla denies the allegations in Paragraph 48 of the FAC.
`49.
`Tesla denies the allegations in Paragraph 49 of the FAC.
`50.
`Tesla denies the allegations in Paragraph 50 of the FAC.
`51.
`Tesla denies the allegations in Paragraph 51 of the FAC.
`52.
`To the extent the allegations in Paragraph 52 consist of legal conclusions, no response
`is required. To the extent a response is required, Tesla states that it lacks information sufficient to
`allow it to form a belief as to what CRD’s pre-suit “investigation” purportedly revealed to CRD
`because CRD has improperly concealed the details of that investigation from Tesla, and, upon that
`basis, Tesla denies the allegations. To the extent that Paragraph 52 and its accompanying Footnote
`34 refer to various articles and public records, Tesla denies any characterization thereof, as they are
`writings which speak for themselves.
`53.
`Tesla denies the allegations in Paragraph 53 of the FAC.
`54.
`Tesla denies the allegations in Paragraph 54 of the FAC as alleged. To the extent that
`Paragraph 54 and its accompanying Footnotes 3536 refer to various articles and public records,
`Tesla denies any characterization thereof, as they are writings which speak for themselves.
`55.
`Tesla denies the allegations in Paragraph 55 of the FAC.
`56.
`Tesla admits that CRD requested documents from Tesla during the pre-suit
`administrative proceedings related to this lawsuit, and that Tesla made reasonable and good faith
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 9 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`efforts to respond to those requests. Except as otherwise admitted, Tesla denies the allegation in
`Paragraph 56 of the FAC.
`57.
`The statutes and regulations cited in Paragraph 57 of the FAC and its accompanying
`Footnote 37 speak for themselves and require no response. To the extent a response is required,
`Tesla states that it made reasonable, good faith efforts to respond to record requests made by CRD
`during the pre-suit administrative proceedings related to this lawsuit. Except as otherwise stated,
`Tesla denies the allegations.
`58.
`To the extent the allegations of Paragraph 58 of the FAC consist of legal conclusions,
`no response is required. To the extent a response is required, Tesla denies the allegations.
`59.
`Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`60.
`The statute cited in Paragraph 60 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`61.
`Tesla denies the allegations in Paragraph 61 of the FAC.
`62.
`Tesla denies the allegations in Paragraph 62 of the FAC.
`63.
`Tesla denies the allegations in Paragraph 63 of the FAC.
`64.
`Tesla denies the allegations in Paragraph 64 of the FAC.
`65.
`Tesla denies the allegations in Paragraph 65 of the FAC.
`66.
`Tesla denies the allegations in Paragraph 66 of the FAC.
`67.
`To the extent the allegations in Paragraph 67 of the FAC consist of legal conclusions,
`no response is required. To the extent a response is required, Tesla denies the allegations.
`68.
`The allegations of Paragraph 68 of the FAC require no response. To the extent a
`response is required, Tesla denies that CRD is entitled to the relief it requests or to any relief at all.
`69.
`Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`70.
`The statute cited in Paragraph 70 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`71.
`Tesla denies the allegations in Paragraph 71 of the FAC.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 10 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`72.
`Tesla denies the allegations in Paragraph 72 of the FAC.
`73.
`Tesla denies the allegations in Paragraph 73 of the FAC.
`74.
`Tesla denies the allegations in Paragraph 74 of the FAC.
`75.
`Tesla denies the allegations in Paragraph 75 of the FAC.
`76.
`Tesla denies the allegations in Paragraph 76 of the FAC.
`77.
`Tesla denies the allegations in Paragraph 77 of the FAC.
`78.
`Tesla denies the allegations in Paragraph 78 of the FAC.
`79.
`To the extent the allegations in Paragraph 79 of the FAC consist of legal conclusions,
`no response is required. To the extent a response is required, Tesla denies the allegations.
`80.
`The allegations of Paragraph 80 of the FAC require no response. To the extent a
`response is required, Tesla denies that CRD is entitled to the relief it requests or to any relief at all.
`81.
`Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`82.
`The statute cited in Paragraph 82 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`83.
`Tesla denies the allegations in Paragraph 83 of the FAC.
`84.
`Tesla denies the allegations in Paragraph 84 of the FAC.
`85.
`Tesla denies the allegations in Paragraph 85 of the FAC.
`86.
`Tesla denies the allegations in Paragraph 86 of the FAC.
`87.
`Tesla denies the allegations in Paragraph 87 of the FAC.
`88.
`Tesla denies the allegations in Paragraph 88 of the FAC.
`89.
`Tesla denies the allegations in Paragraph 89 of the FAC.
`90.
`Tesla denies the allegations in Paragraph 90 of the FAC.
`91.
`To the extent the allegations in Paragraph 91 of the FAC consist of legal conclusions,
`no response is required. To the extent a response is required, Tesla denies the allegations.
`92.
`The allegations of Paragraph 92 of the FAC require no response. To the extent a
`response is required, Tesla denies that CRD is entitled to the relief it requests or to any relief at all.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 11 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`93.
`Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`94.
`The statute cited in Paragraph 94 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`95.
`Tesla denies the allegations in Paragraph 95 of the FAC.
`96.
`Tesla denies the allegations in Paragraph 96 of the FAC.
`97.
`Tesla denies the allegations in Paragraph 97 of the FAC.
`98.
`Tesla denies the allegations in Paragraph 98 of the FAC.
`99.
`Tesla denies the allegations in Paragraph 99 of the FAC.
`100. Tesla denies the allegations in Paragraph 100 of the FAC.
`101. Tesla denies the allegations in Paragraph 101 of the FAC.
`102. Tesla denies the allegations in Paragraph 102 of the FAC.
`103. To the extent the allegations in Paragraph 103 of the FAC consist of legal
`conclusions, no response is required. To the extent a response is required, Tesla denies the
`allegations.
`104. The allegations of Paragraph 104 of the FAC require no response. To the extent a
`response is required, Tesla denies that CRD is entitled to the relief it requests or to any relief at all.
`105. Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`106. The statute cited in Paragraph 106 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`107. Tesla denies the allegations in Paragraph 107 of the FAC.
`108. Tesla denies the allegations in Paragraph 108 of the FAC.
`109. Tesla denies the allegations in Paragraph 109 of the FAC.
`110. Tesla denies the allegations in Paragraph 110 of the FAC.
`111. Tesla denies the allegations in Paragraph 111 of the FAC.
`112. Tesla denies the allegations in Paragraph 112 of the FAC.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 12 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`113. To the extent the allegations in Paragraph 113 of the FAC consist of legal
`conclusions, no response is required of Tesla. To the extent a response is required, Tesla denies the
`allegations of Paragraph 113.
`114. Tesla denies the allegations in Paragraph 114 of the FAC.
`115. To the extent the allegations in Paragraph 115 of the FAC consist of legal
`conclusions, no response is required. To the extent a response is required, Tesla denies the
`allegations.
`116. The allegations of Paragraph 116 of the FAC require no response. To the extent a
`response is required, Tesla denies that CRD is entitled to the relief it requests or to any relief at all.
`117. Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`118. The statute cited in Paragraph 118 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`119. Tesla denies the allegations in Paragraph 119 of the FAC.
`120. Tesla denies the allegations in Paragraph 120 of the FAC.
`121. Tesla denies the allegations in Paragraph 121 of the FAC.
`122. Tesla denies the allegations in Paragraph 122 of the FAC.
`123. Tesla denies the allegations in Paragraph 123 of the FAC.
`124. Tesla denies the allegations in Paragraph 124 of the FAC.
`125. Tesla denies the allegations in Paragraph 125 of the FAC.
`126. Tesla denies the allegations in Paragraph 126 of the FAC.
`127. To the extent the allegations in Paragraph 127 of the FAC consist of legal
`conclusions, no response is required. To the extent a response is required, Tesla denies the
`allegations.
`128. The allegations of Paragraph 128 of the FAC require no response. To the extent a
`response is required, Tesla denies that CRD is entitled to the relief it requests or to any relief at all.
`129. Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 13 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`130. The statute cited in Paragraph 130 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`131. Tesla denies the allegations in Paragraph 131 of the FAC.
`132. Tesla denies the allegations in Paragraph 132 of the FAC.
`133. Tesla denies the allegations in Paragraph 133 of the FAC.
`134. Tesla denies the allegations in Paragraph 134 of the FAC.
`135. Tesla denies the allegations in Paragraph 135 of the FAC.
`136. Tesla denies the allegations in Paragraph 136 of the FAC.
`137. Tesla denies the allegations in Paragraph 137 of the FAC.
`138. Tesla denies the allegations in Paragraph 138 of the FAC.
`139. To the extent the allegations in Paragraph 139 of the FAC consist of legal
`conclusions, no response is required. To the extent a response is required, Tesla denies the
`allegations.
`140. The allegations of Paragraph 140 of the FAC require no response. To the extent a
`response is required, Tesla denies that CRD is entitled to the relief it requests or to any relief at all.
`141. Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`142. The statute cited in Paragraph 142 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`143. Tesla denies the allegations in Paragraph 143 of the FAC.
`144. Tesla denies the allegations in Paragraph 144 of the FAC.
`145. Tesla denies the allegations in Paragraph 145 of the FAC.
`146. Tesla denies the allegations in Paragraph 146 of the FAC.
`147. Tesla denies the allegations in Paragraph 147 of the FAC.
`148. To the extent the allegations in Paragraph 148 of the FAC consist of legal
`conclusions, no response is required. To the extent a response is required, Tesla denies the
`allegations.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 14 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`149. The allegations of Paragraph 149 of the FAC require no response. To the extent a
`response is required, Tesla denies that CRD is entitled to the relief it requests or to any relief at all.
`150. Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`151. The statute cited in Paragraph 151 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`152. Tesla denies the allegations in Paragraph 152 of the FAC.
`153. Tesla denies the allegations in Paragraph 153 of the FAC.
`154. Tesla denies the allegations in Paragraph 154 of the FAC.
`155. Tesla denies the allegations in Paragraph 155 of the FAC.
`156. To the extent the allegations in Paragraph 156 of the FAC consist of legal
`conclusions, no response is required. To the extent a response is required, Tesla denies the
`allegations.
`157. The allegations of Paragraph 157 of the FAC require no response. To the extent a
`response is required, Tesla denies that CRD is entitled to the relief it requests or to any relief at all.
`158. Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`159. The statute cited in Paragraph 159 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`160. Tesla denies the allegations in Paragraph 160 of the FAC.
`161. Tesla denies the allegations in Paragraph 161 of the FAC.
`162. Tesla denies the allegations in Paragraph 162 of the FAC.
`163. To the extent the allegations in Paragraph 163 of the FAC consist of legal
`conclusions, no response is required. To the extent a response is required, Tesla denies the
`allegations.
`164. The allegations of Paragraph 164 of the FAC require no response. To the extent a
`response is required, Tesla denies that CRD is entitled to the relief it requests or to any relief at all.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`– 15 –
`DEFENDANT TESLA’S ANSWER TO FIRST AMENDED COMPLAINT
`
`

`

`
`
`165. Tesla incorporates by reference its responses to all prior paragraphs of the FAC as if
`fully set forth herein.
`166. The statute cited in Paragraph 166 of the FAC speaks for itself and requires no
`response. To the extent a response is required, Tesla denies having violated the statute.
`167. Tesla denies the allegations in Paragraph 167 of the FAC.
`168. T