On the flipside, Elon's lawyers, (the team defending him for calling a long married hero of the British Empire a pedophile, publically betting a signed dollar that he was in fact a "baby rapist", and questioning why his victim didn't sue him if he wasn't in fact a "pedo"), announced that Musk will be taken before a jury December 3 rather than settling with the victim.
Vern's legal team will be calling Musk to the stand, and have promised they would be questioning him under oath for at least a full 2 hours.
Musk's earlier deposition is available on line & includes hours of detailed, sworn testimony. Musk will need an almost photographic memory to avoid the numerous legal traps that were set during the deposition. Skills he didn't appear to possess at the time of that deposition, when on more than one occasion he was reduced to lashing out and attacking his interrogator's personally and his choice of profession, a tactic unlikely to be appreciated by the presiding judge, or the jury.
It's a civil case so only 9 of the 12 jurors need to be convinced of Musk's culpability. The makeup of the jury can't be known at present, but it will be 12 Angelenos unable to avoid jury duty who will be ruling on the guilt or innocence of an immigrant from Apartheid South African who grew up in a luxurious restricted community, largely afforded by proceeds extracted from to a family emerald mine in Zambia. The victim in this case was given a medal by the Queen of England for his heroic actions leading to the rescue of a young Taiwanese soccer team. A rescue whose progress was followed by millions.
Musk's lawyers will probably try to exclude minorities from the jury, but this may be impossible in Los Angeles County. Less affluent unemployed or retirees are said to vie for jury duty as no working hours are lost and the state pays a per diem. Recent racial strife concerning both black and hispanic workers at Musk's New York facility is being publicly discussed, and everyone will be aware of the racial makeup of the rescued soccer team.
This is not a trial about race, but racial prejudices will play a role.
Musk is also a Billionaire, and some salivate at the thought of being in a position where they can lash out at the wealthy elite.
I've no idea at who will determine the size of the penalties if Musk's defense isn't successful.
The legal fees can be ~ accurately assessed, determining a dollar amount to adequately compensate for the victim's present and future humiliation, pain, and loss of stature in the community offers much wider latitude, and whether a punitive fine is called for leaves that door wide open.
My guess is that Musk will lose, should it actually come before a jury, and that the penalties could set records. I've no doubt that Musk will appeal, but in California the entire amount is demanded and held in escrow by the court until the appeal(s) have been heard.
Musk's braggadocio when he scoffingly paid a mere twenty million $ fine levied by the SEC may come back and bite him in his nether region, hard. Especially if Elon's claims of insolvency are true.
Once this act of legal theater has ended there are ~799 more cases waiting in the wings.
Fortunes will be built arising from Elon's legal fees. Other fortunes may be built by those who claim that Musk, or one of his corporations has caused them an actionable injury.
Happy Rubbernecking, this is a slow motion wreck that no one can take their eyes off.
Terry