Based upon the last few posts of yours, you seem to be operating under the premise that Tesla has admitted there is a problem with the battery (or the BMS) and that replacement is a forgone conclusion. I respectfully disagree with you. Tesla has taken the position that everything is fine, and that the update was made to improve longevity of the battery (a future event of making the battery last longer).
While I personally believe there is an issue with the battery and that is why Tesla has capped some batteries so they extend beyond the warranty period (yes, I have a car with a capped battery), there is a huge difference between believing something is defective and proving it. Tesla has not admitted that anything is wrong with the batteries. In fact, if you complain to Tesla, they tell you that the battery is fine. In my particular case, I’ve had my battery tested (CAC test) three times, and Tesla has taken the position that my battery is 30% BETTER than other 85 kWh batteries of the same age and mileage. When I ask them why the battery cells then now only charge to about 4.1 volts instead of the 4.2 volts that they charged to before the update was forced onto my car (I use ScanMyTesla) they do not say it was done because there is an issue with my battery. Instead, they say the software update was implemented to improve the longevity of the battery. I’ve gotten the same response from service centers in MA, MD and FL.
I know associates that work(ed) at the Washington, DC office of the firm that Tesla has retained. If the CA office is anything like the DC office, they will not stipulate to anything. You could walk into their office with your mother and they will insist on seeing a birth certificate before acknowledging that the two of you are related. They will well-known for the way they represent their clients and will make us work and work to prove every little element.