The California judge overseeing Elon Musk’s lawsuit against OpenAI and its CEO, Sam Altman, has removed himself from the case after Musk’s lawyers cited a state law that allows parties to remove a judge they believe cannot provide an impartial trial. This law, California Code of Civil Procedure 170.6, grants each side in a case one peremptory challenge without requiring a factual basis.
The lawsuit, filed by Musk in March, alleges that Altman breached a “founding agreement” by pursuing private commercial success instead of working for the betterment of humanity as agreed upon. The case has been designated as complex civil litigation, and Schulman’s disqualification is significant as he is one of the few judges in San Francisco assigned to hear such cases.
The legal battle between Musk and Altman revolves around the direction and mission of OpenAI, which Musk co-founded in 2015 but left due to disagreements. The case will now be reassigned to a new judge, and previous court dates have been vacated.
California’s laws on disqualifying judges differ from federal standards, providing an easier path to challenge a judge for potential bias. Musk and Altman’s dispute highlights the complexities of legal proceedings involving influential figures in the tech industry.
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Source link: https://amp.theguardian.com/technology/article/2024/may/08/elon-musk-openai-case-judge-disqualified
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