News-Musk-v-Altman-Trial-Day-2-2026

Musk v. Altman Trial: Day 2 — Musk Testifies, Judge Admonishes Both Sides

Elon Musk took the stand on April 28, 2026 for the second day of the Musk v. Altman bench trial in Oakland federal court, testifying that OpenAI co-founders Sam Altman and Greg Brockman illegally converted the company into a for-profit enterprise after he invested $38 million under the express condition that it remain a nonprofit.

Musk's Testimony

Musk accused Altman and Brockman of "looting" OpenAI's charitable assets for personal and commercial gain, warning that if their actions were allowed to stand, it would create a precedent for "looting in every charity in America." He characterized the for-profit conversion as a betrayal of the nonprofit mission he claims induced his original donations. The testimony was described by courtroom observers as unfocused at times, with Musk appearing "more petty than prepared" in his opening statements.

Judge's Admonishment

Presiding Judge Yvonne Gonzalez Rogers (YGR) issued a sharp rebuke to both sides, asking Musk and Altman to "control your propensity to use social media to make things worse outside this courtroom." She also scolded OpenAI's legal team for taking "inconsistent positions on the origin of its name," noting that arguments made in this case appeared to conflict with positions taken in other litigation. "Do not take inconsistent positions in front of me," she warned.

Trial Status

The trial continues with Musk's remaining two claims: breach of charitable trust and unjust enrichment. The case is being heard as a bench trial with an advisory jury before Judge Gonzalez Rogers. Day 2 marked the first full day of testimony following jury selection on April 27.