SAN FRANCISCO — While still grappling with the fallout from a company he did take private, beleaguered billionaire Elon Musk is now facing a trial over a company he didn't.
Long before Musk purchased Twitter for $44 billion in October, he had set his sights on Tesla, the electric automaker where he continues to serve as CEO and from which he derives most of his wealth and fame.
Musk claimed in a August 7, 2018 tweet that he had lined up the financing to pay for a $72 billion buyout of Tesla, which he then amplified with a follow-up statement that made a deal seem imminent.
But the buyout never materialized and now Musk will have to explain his actions under oath in a federal court in San Francisco. The trial, which begins on Tuesday with jury selection, was triggered by a class-action lawsuit on behalf of investors who owned Tesla stock for a 10-day period in August 2018.
People are also reading…
Musk's tweets back then fueled a rally in Tesla's stock price that abruptly ended a week later, after it became apparent that he didn't have the funding for a buyout after all. That resulted in him scrapping his plan to take the automaker private, culminating in a $40 million settlement with U.S. securities regulators that also required him to step down as the company's chairman.
Musk has since contended he entered that settlement under duress and maintained he believed he had locked up financial backing for a Tesla buyout during meetings with representatives from Saudi Arabia's Public Investment Fund.
The trial's outcome may hinge on the jury's interpretation of Musk's motive for tweets that U.S. District Judge Edward Chen has already decided were a falsehood.
Chen dealt Musk another setback on Friday, when he rejected Musk's bid to transfer the trial to a federal court in Texas, where Tesla moves its headquarters in 2021. Musk had argued that negative coverage of his Twitter purchase had poisoned the jury pool in the San Francisco Bay Area.
Musk's leadership of Twitter — where he has gutted the staff and alienated users and advertisers — has proven unpopular among Tesla's current stockholders, who are worried he has been devoting less time steering the automaker at a time of intensifying competition. Those concerns contributed to a 65% percent decline in Tesla's stock last year that wiped out more than $700 billion in shareholder wealth — far more than the $14 billion swing in fortune that occurred between the company's high and low stock prices during the Aug. 7-17, 2018 period covered in the class-action lawsuit.
The lawsuit is based on the premise that Tesla's shares wouldn't have traded at such a wide range if Musk hadn't dangled the prospect of buying the company for $420 per share. Tesla's stock has split twice since then, making that $420 price worth $28 on adjusted basis now. The shares closed last week at $122.40, down from its November 2021 split-adjusted peak of $414.50.
After Musk dropped the idea of a Tesla buyout, the company overcame a production problem, resulting in a rapid upturn in car sales that caused its stock to soar and minted Musk as the world's richest person until he bought Twitter. Musk dropped from the top spot on the wealth list after the stock market's backlash to his handling of Twitter.
The trial is likely to provide insights into Musk's management style, given the witness list includes some of Tesla's current and former top executives and board members, including luminaries such as Larry Ellison, Oracle co-founder, as well as James Murdoch, the son of media mogul Rupert Murdoch. The drama also may shed light on Musk's relationship with his brother, Kimbal, who is also on the list of potential witnesses who may be called during a trial scheduled to continue through Feb. 1.
Photos: Elon Musk through the years

FILE - In this Oct. 20, 2000 file photo, PayPal Chief Executive Officer Peter Thiel, left, and founder Elon Musk, right, pose with the PayPal logo at corporate headquarters in Palo Alto, Calif. (AP Photo/Paul Sakuma, File)

FILE - In this Dec. 9, 2008 file photo, Tesla Motors CEO Elon Musk stands in front a Tesla sports car at a Tesla showroom in Menlo Park, Calif. (AP Photo/Paul Sakuma, file)

FILE - In this March 26, 2009 file photo, Tesla Motors CEO, Chairman and Product Architect Elon Musk speaks at the unveiling of the Tesla Model S all-electric 5-door sedan, in Hawthorne, Calif., Thursday, March 26, 2009. (AP Photo/Reed Saxon, File)

In this July 21, 2009 photo, shows Tesla CEO Elon Musk talking about the lawsuit at Tesla headquarters in San Carlos, Calif., Tuesday, July 21, 2009. (AP Photo/Paul Sakuma)

In this Tuesday, July 21, 2009 photo, Tesla CEO Elon Musk poses at Tesla headquarters in San Carlos, Calif. (AP Photo/Paul Sakuma)

President Barack Obama walks to look at the Flacon 9 launch vehicle with SpaceX CEO Elon Musk at Kennedy Space Center Thursday, April 15, 2010.(AP Photo/Alex Brandon)

Calif. Gov., Arnold Schwarzenegger, right, Toyota CEO Akio Toyoda, left, and Tesla CEO Elon Musk, center, at Tesla headquarters in Palo Alto, Calif., Thursday, May 20, 2010. Tesla and Toyota officials announce partnership. (AP Photo/Paul Sakuma)

Elon Musk, CEO of Tesla Motors, poses with a Tesla car in front of Nasdaq following the electric automaker’s initial public offering, Tuesday, June, 29, 2010, in New York. The company plans to trade on the Nasdaq stock exchange under the ticker "TSLA." (AP Photo/Mark Lennihan)

Elon Musk, center, CEO of Tesla Motors, raises his hand at the Nasdaq opening bell to celebrate the electric automaker’s initial public offering, Tuesday, June, 29, 2010 in New York. (AP Photo/Mark Lennihan)

Elon Musk, co-founder, chief executive and product architect of Tesla Motors, poses at the premiere of the documentary film "Revenge of the Electric Car," Friday, Oct. 21, 2011, at Tesla Motors in Los Angeles. The film is director Chris Paine's follow-up to his 2006 documentary, "Who Killed the Electric Car?" (AP Photo/Chris Pizzello)

SpaceX CEO and Chief Designer Elon Musk walks in a procession after delivering the commencement speech for Caltech graduates in Pasadena, Calif. Friday, June 15, 2012. (AP Photo/Damian Dovarganes)

SpaceX CEO Elon Musk gives the opening keynote at the SXSW Interactive Festival on Saturday, March 9, 2013 in Austin, Texas. (AP Photo/Jack Plunkett)

FILE - In this May 29, 2014 file photo, Elon Musk, CEO and CTO of SpaceX, introduces the SpaceX Dragon V2 spaceship at the SpaceX headquarters in Hawthorne, Calif. (AP Photo/Jae C. Hong, File)

Elon Musk, CEO of Tesla Motors Inc., introduces the Model X car at the company's headquarters Tuesday, Sept. 29, 2015, in Fremont, Calif. Musk said the Model X sets a new bar for automotive engineering, with unique features like rear falcon-wing doors, which open upward, and a driver's door that opens on approach and closes itself when the driver is inside. (AP Photo/Marcio Jose Sanchez)

Elon Musk, CEO & Chief Product Architect of Tesla Moters, attends the premiere of "Racing Extinction" during the 2015 Sundance Film Festival on Saturday, Jan. 24, 2015, in Park City, Utah. (Photo by Arthur Mola/Invision/AP)

SpaceX founder Elon Musk speaks during the 67th International Astronautical Congress in Guadalajara, Mexico, Tuesday, Sept. 27, 2016. In a receptive audience full of space buffs, Musk said he envisions 1,000 passenger ships flying en masse to Mars, 'Battlestar Galactica' style. He calls it the Mars Colonial fleet, and he says it could become reality within a century. Musk's goal is to establish a full-fledged city on Mars and thereby make humans a multi-planetary species. (AP Photo/Refugio Ruiz)

President Donald Trump talks with Tesla and SpaceX CEO Elon Musk, center, and White House chief strategist Steve Bannon during a meeting with business leaders in the State Dining Room of the White House in Washington, Friday, Feb. 3, 2017. (AP Photo/Evan Vucci)

Grimes, left, and Elon Musk attend The Metropolitan Museum of Art's Costume Institute benefit gala celebrating the opening of the Heavenly Bodies: Fashion and the Catholic Imagination exhibition on Monday, May 7, 2018, in New York. (Photo by Charles Sykes/Invision/AP)

SpaceX founder and chief executive Elon Musk speaks after announcing Japanese billionaire Yusaku Maezawa as the first private passenger on a trip around the moon, Monday, Sept. 17, 2018, in Hawthorne, Calif. (AP Photo/Chris Carlson)

Elon Musk, co-founder and chief executive officer of Tesla Inc., speaks during an unveiling event for the Boring Co. Hawthorne test tunnel in Hawthorne, Calif., on Tuesday, Dec. 18, 2018. Musk has unveiled his underground transportation tunnel, allowing invited guests to take some of the first rides ever on the tech entrepreneur's solution to "soul-destroying traffic." (Robyn Beck/Pool Photo via AP)

Tesla CEO Elon Musk jokingly motions to kick before introducing the Model Y at Tesla's design studio Thursday, March 14, 2019, in Hawthorne, Calif. The Model Y may be Tesla's most important product yet as it attempts to expand into the mainstream and generate enough cash to repay massive debts that threaten to topple the Palo Alto, Calif., company. (AP Photo/Jae C. Hong)