Tesla seeks to dismiss securities fraud lawsuit







SAN FRANCISCO — Tesla Inc. on Friday asked a court to dismiss a securities fraud lawsuit by shareholders who said the electric vehicle maker gave false public statements about the progress of producing the new Model 3 sedan.

In a filing in federal court in San Francisco, Tesla said that its statements about the challenges the company faced with Model 3 were “frank and in plain language,” including repeated disclosures by CEO Elon Musk of “production hell.”

Tesla did not seek to hide the truth, its motion to dismiss said.

The company says the Model 3 has experienced numerous “bottlenecks” from problems with Tesla’s battery module process at a Nevada Gigafactory to general assembly at Fremont, Calif., plant.

Tesla is under pressure to deliver the Model 3 to reap revenue and stem massive spending that has put Tesla’s finances in the red. The ramp of the Model 3, Tesla said in the court filing, was “the first of its kind,” with difficulties likely to crop up after it got underway.

The lawsuit filed last October seeks class action status for shareholders who bought Tesla stock between May 4, 2016 through October 6, 2017, inclusive. It said shareholders bought “artificially inflated” shares because Musk and other executives misled them with their statements.

Tesla made such statements during the lead-up to, and early production of, its Model 3 sedan and failed to disclose that the company was “woefully unprepared” for the vehicle’s production, the lawsuit said.

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