Elon Musk’s lawyers succeed in challenge to remove OpenAI case judge

Challenge cited California state law that allows plaintiffs and defendants to remove judge they believe can't grant impartial trial

The California judge presiding over Elon Musk's lawsuit against OpenAI and its CEO, Sam Altman, has removed himself from the case. Judge Ethan Schulman on Monday sustained a challenge from Musk's lawyers, which cited a California state law that allows plaintiffs and defendants to remove a judge they believe cannot grant an impartial trial.

The law, known as California Code of Civil Procedure 170.6, does not require the person issuing the challenge to provide any factual basis for their claim that the judge is prejudiced against them. Each side in a case gets one such peremptory challenge, which is granted as long as it is filed with correct language and within a certain time frame.