Elon Musk’s December 2024 motion asked a court to stop OpenAI from restructuring into a for-profit enterprise. The restructuring later went ahead. In May 2026, a jury found that Musk had waited too long to sue, and the judge accepted that verdict and dismissed his claims.
What Musk asked the court to do
On December 27, 2024, Musk filed a motion for a preliminary injunction seeking to block OpenAI’s proposed restructuring into a for-profit enterprise. A preliminary injunction is a request for a court to temporarily prevent an action while a case is pending; filing the motion did not itself stop the restructuring.
The motion records Musk’s position and the relief he sought. Its allegations were not, simply by being filed, findings that a judge had established as true.
What happened to OpenAI’s restructuring
On October 28, 2025, California Attorney General Rob Bonta said his office would not oppose OpenAI’s recapitalization plan after negotiations produced concessions. Bonta said: “With these important concessions in place, we will not be in court opposing OpenAI’s recapitalization plan.” He described concessions concerning charitable assets, safety, and OpenAI remaining in California. That was the state attorney general’s position, not a judicial approval.
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In a January 16, 2026 account, OpenAI said it was structured around a public benefit corporation and a controlling nonprofit. OpenAI put the nonprofit’s equity value at approximately $130 billion at that time. That figure is OpenAI’s stated valuation, not an independent valuation established by the reporting cited here.
How Musk’s claims ended
On May 18, 2026, the Associated Press reported that a nine-person jury found Musk had waited too long to bring his suit and missed a statutory deadline. The jury served in an advisory role. Judge Yvonne Gonzalez Rogers accepted its verdict as the court’s own and dismissed Musk’s claims on that timeliness basis.
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The reported outcome was about when Musk filed, not a determination that every underlying allegation was false. The available reporting does not establish whether Musk appealed the dismissal.
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In an October 17, 2025 order, the district court denied a motion to seal and directed OpenAI to file the materials at issue in the public record within five days. That order concerns those materials; it does not establish that every filing or exhibit in the dispute is publicly accessible.
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A separate Ninth Circuit appeal involving X.AI Corp. and OpenAI is not an appeal of Musk’s dismissed claims. The two matters should not be conflated.
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