Case Information
Shenkman et al. v. Tesla, Inc. et al.
Superior Court of California
Case No. RG21102833
About This Case
If you purchased a Supercharger enabled Tesla vehicle in California before December 16, 2016, a class action lawsuit may affect your rights.
Plaintiff Kevin Shenkman alleges that Tesla, Inc. (“Tesla”) breached its contractual duties and acted unlawfully towards consumers who purchased Supercharger enabled vehicles in California prior to December 16, 2016, by charging fees for leaving vehicles plugged into Supercharger charging stations after the vehicle has stopped receiving electricity and by disabling Supercharging if the fees remained unpaid.
The case is called Shenkman et al. v. Tesla, Inc. et al., Case No. RG21102833 and is presently pending before Judge Evilio M. Grillo of the Superior Court of California, County of Alameda. The Court has allowed the lawsuit to be a class action with respect to certain claims.
Tesla denies the allegations and denies any wrongdoing, and has asserted numerous defenses as to procedure, liability, and damages. Tesla contends that it has complied with the laws of the State of California and acted in accordance with the terms of its contracts with Class Members.
Tesla also claims that it has arbitration agreements with some Class Members. Tesla may ask the Court to compel those Class Members to arbitrate their claims. If Tesla does so and wins its motion to compel arbitration, then any Class Member compelled to arbitrate will be unable to pursue claims as part of this action. Plaintiff intends to oppose any such motion.
The Court has not decided whether Tesla did anything wrong or whether any Class Member must arbitrate with Tesla. There is no money available now and no guarantee there will be. However, your legal rights are affected, and you have a choice to make now if you are a member of either subclass.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT | |
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DO NOTHING | Stay in this lawsuit. Await the outcome. Give up certain rights. If you are a Class Member, by doing nothing, you remain in this lawsuit. You will be bound by the Court’s rulings and judgments in this case, including any rulings on whether you must arbitrate your claims. You will give up the right to sue Tesla separately on the legal claims in this lawsuit. If money or benefits are obtained from Tesla, you will be notified about how to receive a share. |
Exclude Yourself | Get out of this lawsuit. Get no benefits. Keep your rights. If you ask to be excluded, you will no longer be part of this lawsuit. You will keep the right to sue Tesla separately on the legal claims in this lawsuit. If money or benefits are later awarded in this case, you won’t share in those. To be excluded, you must act before February 27, 2024. Instructions to be excluded can be found in FAQ12 or the Long Form Notice. |
THESE RIGHTS AND OPTIONS – AND THE DEADLINES TO EXERCISE THEM – ARE EXPLAINED IN THIS NOTICE
Important Dates
Opt Out Deadline 02/27/2024 |