Reading the whole case now, I think it is a big nothing burger. If I were Tesla I would let this thing die.
The guy obviously was on the lot to count cars and spy on activity, not as a legitimate customer, contrary to his claims in the filed reply. But on the other hand, the lot seems easy to access. He wasn't asked to leave because he drove away as they approached his car. This was one isolated accident and he didn't ever return to Tesla premises again. Seems strange to continue to involve the justice system when there is already the outcome desired by Tesla.
Then there is the autonomy car. His excuse about spotting that car at random does not pass the bullshit meter. But I also don't think it is harassment. Journalists and car fanatics routinely wait at places to spot a car or even a person leaving somewhere in public to report on it. That's a legitimate use of freedom to inform the public. So him doing the same is perfectly fine in my book. For example, when the first ships with Model 3's arrived in Europe there were also several fans present at the port to try to witness the unloading. Some followed, photographed and published here and on twitter the first car carriers taking Model 3's to Tilburg. Was that also harassment?
But just as his claim that he 'randomly' spotted the car fails the bullshit meter so does the claim that employees were in legitimate fear. They didn't take any evasive actions and Tesla only started proceedings against Ska after he posted online. Tesla's actions were only triggered after he posted the clip 2 days later. If Tesla makes a claim that he swerved the car, Tesla should have no issue providing video footage. Both from the cars onboard cameras and the multiple video cameras mounted on the car to shoot the promo video. Until they do, I can't take Tesla's claim seriously here.