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`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`05/03/2024
`Clerk of the Court
`BY: RONNIE OTERO
`Deputy Clerk
`
`IRELL & MANELLA LLP
`Morgan Chu (SBN 70446)
`Alan Heinrich (SBN 212782)
`Iian Jablon (SBN 205458)
`Abigail Sellers (SBN 342380)
`Justin Koo (SBN 351547)
`Henry White (SBN 351549)
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`Tel: (310) 277-1010
`Fax: (310) 203-7199
`mchu@irell.com
`aheinrich@irell.com
`ijablon@irell.com
`asellers@irell.com
`jkoo@irell.com
`hwhite@irell.com
`
`Attorneys for Plaintiff Elon Musk
`
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`COUNTY OF SAN FRANCISCO
`
`
`
` Case No. CGC-24-612746
`
`
`PLAINTIFF ELON MUSK’S MOTION
`FOR PEREMPTORY CHALLENGE TO
`JUDGE ETHAN P. SCHULMAN
`PURSUANT TO CODE OF CIVIL
`PROCEDURE § 170.6; DECLARATION
`OF IIAN JABLON IN SUPPORT
`THEREOF
`
`Dept: 304
`Judge: Hon. Ethan P. Schulman
`
`Date Action Filed: February 29, 2024
`Trial Date: None Set
`
`
`
`
`SAMUEL ALTMAN, an individual, GREGORY
`BROCKMAN, an individual, OPENAI, INC., a
`corporation, OPENAI, L.P., a limited
`partnership, OPENAI, L.L.C., a limited liability
`company, OPENAI GP, L.L.C., a limited
`liability company, OPENAI OPCO, LLC, a
`limited liability company, OPENAI GLOBAL,
`LLC, a limited liability company, OAI
`CORPORATION, LLC, a limited liability
`company, OPENAI HOLDINGS, LLC, a limited
`liability company, and DOES 1 through 100,
`inclusive,
`
`
`ELON MUSK, an individual,
`
`
`Plaintiff,
`
`vs.
`
`Defendants.
`
`
`
`
`
`
`
`PLAINTIFF ELON MUSK’S MOTION FOR PEREMPTORY CHALLENGE TO JUDGE ETHAN P. SCHULMAN
`PURSUANT TO CODE OF CIV. PROC. § 170.6; DECLARATION OF IIAN JABLON IN SUPPORT THEREOF
`
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`TO THE HONORABLE ETHAN P. SCHULMAN:
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`Plaintiff Elon Musk hereby respectfully moves to disqualify the Honorable Ethan P.
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`Schulman from the above-captioned action and moves for reassignment of the action pursuant to
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`California Code of Civil Procedure § 170.6.
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`As set forth in the accompanying Declaration of Iian Jablon, Plaintiff respectfully submits
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`that Judge Schulman is prejudiced against Plaintiff, his attorneys, and/or the interests of Plaintiff or
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`his attorneys, such that Plaintiff cannot have a fair and impartial trial or hearing before Judge
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`Schulman. (Decl. of Iian Jablon ¶ 4.) The Court entered its Order Granting Complex Designation
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`and For Single Assignment (“the Order”) on April 18, 2024. (Id. ¶ 2.) Thus, this motion is timely as
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`it was filed within 15 days of the Order. (Ibid.; Cal. Code Civ. Proc. § 170.6(a)(2) [“If directed to
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`the trial of a civil cause that has been assigned to a judge for all purposes, the motion shall be made
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`to the assigned judge or to the presiding judge by a party within 15 days after notice of the all
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`purpose assignment, or if the party has not yet appeared in the action, then within 15 days after the
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`appearance.”].)
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`For the foregoing reasons, Plaintiff Elon Musk respectfully requests that this entire action
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`be assigned to another Judge of the San Francisco Superior Court.
`
`Date: May 3, 2024
`
`IRELL & MANELLA LLP
`
`
`
`
`
`
`
`By:
`
`Morgan Chu
`Alan Heinrich
`Iian Jablon
`Abigail Sellers
`Justin Koo
`Henry White
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`Tel: (310) 277-1010
`Fax: (310) 203-7199
`
`Attorneys for Plaintiff Elon Musk
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`- 2 -
`PLAINTIFF ELON MUSK’S MOTION FOR PEREMPTORY CHALLENGE TO JUDGE ETHAN P. SCHULMAN
`PURSUANT TO CODE OF CIV. PROC. § 170.6; DECLARATION OF IIAN JABLON IN SUPPORT THEREOF
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`DECLARATION OF IIAN JABLON
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`I, Iian Jablon, being duly sworn, declare:
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`1.
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`I am a member of the law firm of Irell & Manella LLP, counsel of record for Plaintiff
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`Elon Musk in the above-captioned action. I am a member in good standing of the State Bar of
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`California. I have personal knowledge of the facts set forth in this Declaration and, if called as a
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`witness, could and would testify competently to such facts under oath.
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`2.
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`The Court entered its Order Granting Complex Designation and For Single
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`Assignment on April 18, 2024, assigning this matter to the Honorable Ethan P. Schulman for all
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`purposes. Within 15 days from entry of said order, Plaintiff hereby moves pursuant to Cal. Code
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`Civ. Proc. § 170.6 to disqualify Judge Schulman from the action.
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`3.
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`Plaintiff has not previously submitted a motion pursuant to Cal. Code. Civ. Proc.
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`§ 170.6 in this action.
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`4.
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`Judge Schulman, to whom the above-captioned action is assigned for all purposes, is
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`prejudiced against Plaintiff, his attorneys, and/or the interests of Plaintiff and/or his attorneys such
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`that declarant believes Plaintiff cannot have a fair and impartial trial or hearing before Judge
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`Schulman.
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`Executed on May 3, 2024, at Los Angeles, CA.
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`I declare under penalty of perjury under the laws of the State of California that the foregoing
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`is true and correct.
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`Iian Jablon
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`- 3 -
`PLAINTIFF ELON MUSK’S MOTION FOR PEREMPTORY CHALLENGE TO JUDGE ETHAN P. SCHULMAN
`PURSUANT TO CODE OF CIV. PROC. § 170.6; DECLARATION OF IIAN JABLON IN SUPPORT THEREOF
`
`
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