Musk v. Altman, Brockman, OpenAI, Inc., et al., No. CGC-24-612746 (Cal. Super. Ct., San Francisco)

Summary

Elon Musk sued Sam Altman, Greg Brockman and OpenAI entities in San Francisco Superior Court on February 29, 2024, alleging breach of contract, promissory estoppel, breach of fiduciary duty and unfair business practices on the theory that OpenAI abandoned a founding commitment to remain a nonprofit developing AI for public benefit after its partnership with Microsoft. On June 11, 2024, a day before a hearing on OpenAI's challenge to the complaint, Musk voluntarily dismissed the case without prejudice. No ruling on the merits was made and no settlement was reported. Musk later pursued related claims in federal court in a separate action.

Key dates

1. February 29, 2024Filed
2. June 11, 2024Resolved
3. October 16, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 16, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. SUPERIOR COURT OF CALIFORNIA 13 CGC-24-612746 IN AND FOR THE COUNTY OF SAN FRANCISCO

   Supports: Court and case number; file-stamped 02/29/2024

   Complaint, Musk v. Altman, No. CGC-24-612746 Courthouse News Service (hosting the filed complaint) Primary source

2. The case was dismissed without prejudice, according to a court filing obtained by CNBC.

   Supports: Dismissal without prejudice, June 11, 2024

   Elon Musk drops suit against OpenAI and Sam Altman CNBC Reporting or analysis

3. Musk’s attorneys filed the dismissal in San Francisco Superior Court without prejudice, meaning he can refile the complaint in the future. The filing didn’t provide any details about whether the parties had reached a settlement.

   Supports: Dismissal; no settlement details

   Elon Musk Chooses to Abandon Suit Against OpenAI, Sam Altman Bloomberg Law Reporting or analysis