The legal battle between
and ex-CEO Martin Eberhard continues tomorrow in San Mateo County Superior Court when Musk and
lawyers will ask a judge to
toss out Eberhard's original lawsuit
. Earlier this year, Eberhard filed
that alleges that Musk, among other things, "committed a series of actions that not only resulted in the delay of the release of the Roadster to the consumer market, but also compromised Tesla Motors' financial health." Eberhard is also asking that Musk stop referring to himself as a founder of Tesla Motors (read more on the lawsuit
spoke to legal experts about the case who said that Eberhard's request on the founder issue could be seen as a "prior restraint" request "that is only granted by judges in extremely rare instances such as when publication threatens national security." It could backfire. Musk told the AP that his $75 million investment in Tesla Motors and his "two years of 100-hour workweeks" to rebuild Tesla means he can claim to be a founder of the company. Eberhard would not comment before tomorrow's court date.