No. 25-812

James Greiner v. Tesla, Inc.

Lower Court: Ninth Circuit
Docketed: 2026-01-09
Status: Denied
Type: Paid
Response Waived
Tags: arbitration-clause breach-of-contract consideration due-process prenuptial-agreement private-right-of-action
Latest Conference: 2026-02-20
Question Presented (from Petition)

1) When a woman signs a Prenuptial Agreement
for a set amount, she cannot argue in divorce court
that the Law says "she has the right" to half.
Therefore, is it is a Breach of Contract for a
Defendant to have a JAMS Arbitration case
dismissed by saying the Law says that there is not a
"private right of action' when the Arbitration
Agreement itself overrules the Law _ by
claiming/promising that "In arbitration, each side in
the dispute presents its case to a neutral third party
called an arbitrator, rather than to a judge or
jury." ..to maintain... "all rights and remedies that
we would be entitled to pursue in a court of
law."..making arbitration... "the exclusive method
for...resolving any and all disputes and claims",
which in effect creates a "private right of action".

2) When a man takes his wife and kid to the
movies, but they didn't get to watch the movie
because of technical difficulties, then it is ridiculous
for him to tell his kid, "Why are you crying? I said I
was going to take you to the movies, and I did." And
even worse, it becomes a form of brainwashing for
the mom to support this logic by saying, "Yes,
sweetie, we watched nice previews, so your daddy's
right." ...This is to say, everyone knows that going to
the movies (and even watching the trailers) is not the
same as watching the actual movie. Therefore, is
going to Arbitration the same as having an actual
Arbitration when the Plaintiff is not allowed to
present his case — the only thing of value in the
Agreement (the consideration), the very essence of
what makes it an "Arbitration" Agreement (and not a
"Zero Rights" Agreement)?

Question Presented (AI Summary)

Whether a prenuptial agreement and arbitration clause can be enforced when the plaintiff alleges the arbitration process denied fundamental rights to present a case

Docket Entries

2026-02-23
Petition DENIED.
2026-01-14
DISTRIBUTED for Conference of 2/20/2026.
2026-01-12
Waiver of right of respondent Tesla, Inc. to respond filed.
2025-11-06
Petition for a writ of certiorari filed. (Response due February 9, 2026)

Attorneys

James Greiner
James Greiner — Petitioner
Tesla, Inc.
Amelia Anne McDermottLittler Mendelson, P.C., Respondent