The change away from MobilEye was known BEFORE Tesla announced AP2 was going into production.
They were consistent at announcement, and even into early 2017, continued to claim on the Tesla website the AP2 hardware would be operating at AP1 level by December 2016.
I agree that if they had included the MobileEye hardware in AP2, they would have been able to achieve AP1 level faster - but by the time Tesla announced AP2, they already knew they had to develop Tesla Vision to replace MobileEye - and they considerably underestimated how long it would take.
Tesla should have known in November (or possibly October) that they weren't progressing quickly enough to achieve their December goal - and they didn't change the wording on the Tesla website until early 2017. And with their lack of transparency on the schedule and status of getting AP2 operating at AP1 levels, they created an opening for the lawsuit.
I've managed large projects with aggressive schedules and can empathize with the software team. They likely faced incredible pressure to get Tesla Vision working as quickly as possible - and probably saw there was a path, if everything fell into place, where they could achieve the December goal. But, projects like this are always challenging, things rarely work out as well as you expect, and it usually takes developers longer to get things working than they planned.
Unfortunately, this follows the same pattern we've seen from Tesla since the Model S was produced. The public announcements by Musk and Tesla tend to be optimistic, promising functionality that is delivered late (or not at all, like the long-promised browser improvements) and when we do get the releases, they often have major bugs or design flaws (like the missing time-of-day clock in 7.0 or multiple media player issues that are still present over 6 months after 8.0 was released).
As Tesla starts ramping up Model 3 production and shifts away from mostly serving "early adopters", they risk customer disappointment if they continue to deliver promised functionality late - and with bugs/flaws...