Electronically FILED by Superior Court of California, County of Los Angeles on 04/30/2021 12:04 PM Sherri R.

Carter, Executive Officer/Clerk of Court, by R. Perez,Deputy Clerk

21STCV16321
Assigned for all purposes to: Spring Street Courthouse, Judicial Officer: Serena Murillo

FREEDMAN+ TAITELMAN, LLP

Bryan J. Freedman (SBN: 151990)
2 bfreedman@ftllp.com
Brian E. Turnauer (SBN: 214768)
3
Bturnauer@ftllp.com
4 Tamar Yeghiayan, Esq. (SBN: 298473)
tyeghiayan@ftllp.com
5 1801 Century Park West, Fifth Floor
Los Angeles, California 90067
6 Telephone: (310) 201-0005
Facsimile: (310) 201-0045
7

8 Attorneys for Plaintiff Thomas Wesley Pentz

9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF LOS ANGELES
11
THOMAS WESLEY PENTZ, an individual ) Case No.
12 )
Plaintiff, ) COMPLAINT FOR:
13 ) 1. STALKING
vs. ) 2. TRESPASS
14 ) 3. DISTRIBUTION OF PRIVATE
MARCHEL GABRIELLE AUGUSTE, a.k.a.) MATERIALS (REVENGE
15
SHELLY AUGUSTE, an individual, and ) PORNOGRAPHY) CIV. CODE
16 DOES 1 through 10, inclusive, ) SECTION 1708.85
)
17 Defendants. )
) DEMAND FOR JURY TRIAL
18
~~~~~~~~~~~~~~)
19
20

21
Plaintiff THOMAS WESTLEY PENTZ hereby brings the following causes of action against
22
Defendants MARCHEL GABRIELLE AUGUSTE a.k.a. SHELLY AUGUSTE and DOES 1-10,
23
with knowledge as to himself and otherwise on information and belief, claims and alleges as follows:
24

25

26

27

28

COMPLAINT
 INTRODUCTION

2 1. Marchel Gabrielle Auguste a.k.a. Shelly Auguste ("Auguste" or "Defendant"), who

3 has a history of harassment and at least one permanent injunction for stalking issued against her, is a

4 relentless and unstable fan, who manipulated herself into Thomas Westley Pentz's ("Pentz" or

5 "Plaintiff') life. Unbeknownst to Pentz, Auguste entered Pentz's life for the purpose of obtaining

6 intimate and personal information about him in order to gain fame and notoriety with her friends, the

7 media, and her social media following. Once Pentz realized Auguste was dangerously unstable, he

8 tried to distance himself from her. Unfortunately, however, the more Pentz blocked Auguste's social

9 media and email accounts and requested that she stop her erratic behavior, the more Auguste created

10 new accounts to contact him, repeatedly insisting that Pentz meet her just one more time. As Pentz

11 continued to ignore her requests, an angry Auguste responded by stalking Pentz (and those close to

12 him) online, showing up at his residence uninvited and creating fake social media accounts from

13 which she repeatedly sent sexually explicit photographs and videos of Pentz to his friends and

14 family. Auguste also posted a photograph of Pentz naked on her Instagram account to be viewed by

15 her 4,000-plus followers and spread false and offensive rumors about him online. By this lawsuit,

16 Pentz seeks to hold Auguste accountable for her wrongful and illegal behavior.

17 2. Pentz, professionally known as Diplo, is an internationally-successful DJ, recording

18 artist, songwriter, and record producer. Despite Pentz's notoriety, he has often been quick to trust

19 people, sometimes to his detriment. His interaction with Auguste is a perfect example. Prior to

20 Pentz's introduction to Auguste, a Florida court had deemed her behavior so dangerous that it

21 granted a Petition for Injunction for Protection Against Stalking Violence (the "Injunction") and

22 ordered her to undergo a mental evaluation and treatment - none of which Auguste ever disclosed.

23 3. Pentz and Auguste met in-person after a year of exchanging text messages. The two

24 engaged in a very brief consensual relationship, during which they met in-person only a handful of

25 times. When Pentz tried to pull away from her, Auguste constantly messaged him without receiving

26 any response back. Pentz would ultimately feel bad for Auguste's relentless efforts to communicate

27 with him through text messages and emails, and would sometimes send a brief response back

28 acknowledging he had received the numerous messages.

2
COMPLAINT
 4. As Pentz ignored Auguste's increasingly desperate requests to see him, however,

2 Pentz alleges on information and belief, Auguste messaged his friends and family through fictitious

3 Instagram accounts, nonconsensually sharing private and revealing videos and photographs of Pentz.

4 As soon as Pentz was able to confirm, to the best of his knowledge, that the fictitious lnstagram

5 accounts were created by Auguste, he confronted her about them and she became defensive and

6 concocted excuses and elaborate stories to try to explain away her actions. When Pentz told Auguste

7 to please stop contacting him, his friends and family or else he was going to call the police and the

8 FBI, Auguste upped the ante, taking to social media and posting a nude photograph of Pentz that

9 showed his buttocks. She proceeded to try to turn the true story of two adults engaging in a very

10 brief consensual relationship into a false one of ill-treatment and degradation.

11 5. Auguste's conduct was so egregious and disturbing that Pentz was forced to secure a

12 Temporary Restraining Order against her. Unfortunately, Auguste was still undeterred. To this day,

13 she indirectly refers to, criticizes and disparages Pentz on her social media accounts. On or about

14 April 23, 2021, Pentz alleges on information and belief, Auguste created a fake Instagram account

15 and sent racist and other disgusting messages to Jevon King, the mother of his child, from the fake

16 account, including but not limited to, the following messages: "ugly dark skin bitch, " "Go kill

17 yourself I know I see right through you you 're not gorgeous," "your red flag baby." Sadly, it

18 appears that the court-ordered treatment Auguste received for her mental health challenges has not

19 helped her. Pentz has nothing to gain from this lawsuit, but is left with no choice but to protect

20 himself and those closest to him from Auguste's outrageous and unstable behavior.

21 PARTIES AND JURISDICTION

22 6. Pentz is, and at all relevant times was, an individual residing in the County of Los

23 Angeles, State of California

24 7. Auguste is, and at all times relevant was, an individual residing in the County of Los

25 Angeles, State of California.

26 8. The wrongful acts by Auguste alleged herein occurred in the County of Los Angeles,

27 State of California.

28 9. The true names and capacities, whether individual, corporate, associate or otherwise

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COMPLAINT
 of the defendants named herein as Does 1 through 10, inclusive, are unknown to Pentz who therefore

2 sues said Doe defendants by such fictitious names. Pentz alleges on information and belief that each

3 of the defendants, including those designated as a Doe, are also responsible for the events alleged

4 herein and the damages caused thereby as a principal, agent, co-conspirator, aider and abettor, or

5 alter ego. Pentz will seek leave of this Court to amend this Complaint to allege the true names and

6 capacities of such defendants when the same have been ascertained. Pentz will seek leave of Court

7 to amend this Complaint to allege the true names and capacities of such defendants when the same

8 have been ascertained.

9 10. Pentz alleges on information and belief that Auguste and the Doe defendants at all

10 times relative to this action, were the agents, servants, partners, joint venturers and employees of

11 each other. Auguste and the Doe defendants, in doing the acts alleged herein, were acting with the

12 knowledge and consent of each of the other defendants in this action. At all times mentioned herein,

13 each of the defendants, was the co-conspirator, agent and/or employee of each of the remaining

14 defendants and in doing the things herein mentioned was acting within the scope of such co-

15 conspirator, agency and/or employment.

16 11. Auguste and Does 1 through 10 will be collectively referred to herein as, the

17 "Defendants."

18 FACTS COMMON TO ALL CAUSES OF ACTION

19 12. Pentz is a world-renowned DJ, songwriter, and record producer based in Los Angeles,

20 California, and has a large and loyal fan-base.

21 13. In or around 2018, Pentz met Auguste, a purported fan of his, over social media.

22 Shortly thereafter, Auguste and Pentz began to exchange communications. At times those

23 exchanges would be sexual, and Auguste and Pence would send explicit photographs and videos of

24 themselves to each other. Pentz trusted and believed that Auguste would keep these photographs

25 and videos private. Unfortunately, Pentz was unaware that prior to his meeting Auguste, a Florida

26 court had deemed her behavior - which included stalking a family for whom she had previously

27 worked - so dangerous that it granted a Petition for Injunction for Protection Against Stalking

28 Violence ordered against her and ordered her to undergo a mental evaluation and treatment.

4
COMPLAINT
 14. Auguste and Pentz met in-person in or around April 2019 and engaged in voluntary

2 sexual intercourse. The two met again in person in or around July 2019 in Las Vegas and again

3 engaged in voluntary sexual intercourse. Auguste continued to message Pentz and send sexually

4 explicit photographs and videos. Pentz would not always reply to Auguste's persistent and multiple

5 texts.

6 15. In January 2020, Auguste came over to Pentz's private residence unannounced. Pentz

7 informed Auguste to leave and told her that he was out of town with his children. Auguste refused

8 to leave stating that he must be inside the home if he could see her. Pentz informed Auguste that he

9 had a doorbell videocam and informed Auguste that she needed to leave his property and to stop

10 ringing the doorbell. Auguste proceeded to linger around Pentz' property for an hour before leaving.

11 This incident made Pentz feel extremely uneasy.

12 16. As a result of Auguste showing up to his residence unannounced, Pentz started to

13 further distance from Auguste, only occasionally texting with her.

14 17. Over the next several months, Auguste sent dozens of text message to Pentz. He

15 largely ignored them. At times, Pentz would respond because he could sense Auguste's unstable

16 mental state and feared that she would harm herself, Pentz or his family and friends if he did not

17 respond.

18 18. Between April 9, 2020 through April 11, 2020, Auguste sent Pentz 44 sexually

19 suggestive messages which included two (2) videos of herself masturbating, two (2) explicit voice

20 recordings, and 11 videos of Auguste's friend engaged in sexually suggestive and pornographic acts,

21 along with emojis showing sad faces/heartbreak.

22 19. On or about April 13, 2020, after he had continued to ignore her, Auguste sent Pentz

23 another message stating very directly that she wanted to engage in sexual acts with him.

24 20. On or about April 19, 2020, Auguste sent another message to Pentz demanding that

25 he be ready for "some demon time type sex. "

26 21. Je Jevon King ("Jevon King") was in a long-term public relationship with Pentz

27 dating back to December 2015. She received numerous hate messages about Pentz since 2017 and

28 those hate message increased after she and Pentz had their son in March 2020. On or about April 23,

5
COMPLAINT
 2020: Jevon received an Instagram message from an Instagram account with the username

2 "bmopattel" stating that the person who had been harassing Jevon and sending pictures of Pentz, was

3 from Instagram account "Shellymxoxo." Jevon forwarded the Instagram message to Pentz. After

4 Pentz reviewed the messages, he realized "Shellymxoxo" was Auguste's Instagram handle. On that

5 same day, Pentz sent a copy of the message from the unknown Instagram user account "bmopattel"

6 to Auguste.

7 22. In response to Pentz's inquiry, Auguste tried to explain and make excuses, falsely

8 claiming she was not the source of the messages. Auguste then began messaging Pentz via

9 WhatsApp (a text/phone application), apologizing to Pentz. Auguste then wrote that she "thought of

10 a way to make it up" to Pentz, and sent 5 videos of herself with a friend, whom Auguste offered to

11 include as a third participant in sexual encounters with her and Pentz. On or about April 25, 2020,

12 Pentz then blocked the email account "ShellymlOl@hotmail.com."

13 23. On or about April 27, 2020, a woman who had once been intimate with Pentz ("Jane

14 Doe"), received a video of herself engaging in sexual activities with Pentz. This woman was

15 immediately frightened as she did not want this unknown individual to send these videos of her and

16 Pentz to others, and it scared her because she did not understand why anyone would send her that

17 video. She was terrified of what this person could do with the video. Moreover, she did not want to

18 be contacted by this person ever again.

19 24. On or about April 28, 2020, Pentz received several email messages from Auguste's

20 "shellyml202@aol" account. Pentz informed Auguste he was going to get a restraining order

21 against her because she was dangerous and was threatening him and other people he knew. Pentz

22 then blocked Auguste's email account.

23 25. On or about May 28, 2020, Jane Doe received an Instagram message from another

24 account with an identical message and the same video of her and Pentz engaging in sexual activities.

25 Jane Doe then reached out to Pentz and Pentz confirmed that this message must have been sent from

26 Auguste again.

27 26. Also, on May 28, 2020, Jevon received an Instagram message from Instagram

28 account user "truthtells 12" which contained at least four ( 4) sexually explicit videos, four ( 4)

6
COMPLAINT
 sexually explicit photos and three (3) written messages. As Jevon looked closer at the messages, she

2 could clearly tell the sexually explicit photos were of Pentz. Jevon was shocked and terrified. Jevon

3 felt these photographs and videos of Pentz engaging with other females were sent as a means to

4 humiliate, harass and frighten Jevon, as Jevon had never asked for any photographs or videos and

5 Jevon had no desire to see any of them.

6 27. Jevon informed Pentz that the messages included sexually explicit photographs and

7 videos of Pentz. Pentz recognized himself in the photographs and videos which he had privately

8 sent to Auguste early on in their exchanges.

9 28. On or about May 29, 2020, Auguste messaged Pentz 14 times through a different

10 email: "shellymxoxo@gmail.com." Pentz responded by demanding that Auguste stop texting him or

11 he would call the police and the FBI. Pentz then blocked Auguste's email account.

12 29. In a vengeful state, on or about June 2, 2020, after having been largely ignored by

13 Pentz, Auguste posted a photograph of Pentz's nude body from behind on her Instagram account,

14 "shellymxoxo" allowing all of her 4,000+ followers to see a nude photograph of Pentz, without

15 Pentz's permission. Naturally, Pentz was extremely bothered and upset by the release of the

16 photograph.

17 30. After Pentz confronted Auguste, Pentz received another notification that someone had

18 shown up at his residence unannounced. Pentz could not confirm who this person was but, based

19 upon information and belief, Pentz believes this to have been Auguste.

20 31. On or about August 15, 2020, Auguste messaged Pentz through another email

21 account: "thatssoshellyy@gmail.com." Auguste continued messaging and sending sexually explicit

22 photographs. On or about August 29, 2020, Pentz had not responded back, and blocked Auguste's

23 email account.

24 32. On or about September 29 2020 Auguste messaged Pentz through yet another email

25 account: "Shellzxo24@gmail.com," which included four sexually explicit photographs and videos of

26 Auguste. From on or about September 30, 2020 through October 22, 2020, Auguste continued

27 messaging Pentz. Pentz finally responded to Auguste and requested that she delete everything that

28 Auguste was sending to Jevon. All of these messages were deeply upsetting to Jevon. On or about

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COMPLAINT
 October 26, 2020, Pentz blocked Auguste's email account.

2 33. On or about November 16, 2020, Auguste filed a petition in the Los Angeles Superior

3 Court, Stanley Mosk Courthouse to obtain a TRO and RO.

4 34. On December 8, 2020, Pentz filed a petition in the Los Angeles Superior Court,
5 Stanley Mosk Courthouse to obtain a TRO and RO against Auguste seeking to, among other things,
6 restrain Auguste from distributing any imagine of Pentz's intimate body part, or an image depicting
7 Pentz engaged in any type of sexual act. The Court granted Pentz's TRO the same day.

8 35. Auguste continues posting Instagram posts indirectly insinuating they are about

9 Pentz.
10 36. Moreover, on or about April 23, 2021, Jevon received racist and disturbing messages
11 from Instagram account "Kaegeelel" stating "Where are you, '' "ugly dark skin bitch," "Go kill

12 yourselfI know I see right through you you 're not gorgeous," "your red flag baby," "and he doesn't

13 love you like that he doesn't want to be with you like that lo!, " "[heJ doesn't even want girls like

14 you." Pentz alleges on information and belief that, given the context of the text messages the

15 timing, and the language used, these messages were sent by Auguste.
16 37. In fact, in or around March 2021, Pentz sold his home in Los Angeles, in large part.
17 to protect his family from Auguste in fear that she may again show up unannounced at his home.

18 FIRST CAUSE OF ACTION FOR STALKING

19 (Against Auguste and Does 1 through 10)

20 38. Pentz restates and incorporates by reference, as though fully set forth herein, the

21 allegations contained in each of the paragraphs above.

22 39. Auguste engaged in a pattern of conduct the intent of which was to alarm and harass
23 Pentz, his family and friends, including Jevon and Jane Doe, as set forth above. As set forth herein,

24 Auguste knowingly and willfully engaged in a course of conducted directed at Pentz which seriously

25 alarmed, tormented, annoyed Pentz, and served absolutely no legitimate purpose. Auguste appeared

26 at Pentz's primary residence in Los Angeles uninvited and unannounced on one or more occasions,

27 and lingered around the residence for approximately and hour before leaving.

28 40. Auguste sent numerous text messages, unsolicited videos and photographs to Pentz,

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COMPLAINT
 Jevon and Jane Doe.

2 41. As a result of Augustes prior actions and unstable behavior, Pentz reasonably fears

3 for his safety, and the safety of his children, Jevon, Jane Doe and anyone he has ever been intimate

4 with, or close to, as they could be future targets of Auguste's unstable behavior.

5 42. As a result of Augustes's acts, Pentz suffered emotional distress in having to fear for

6 the safety of himself, his children, Jevon, and Jane Doe, as set forth above, and Auguste's pattern of

7 conduct would cause a reasonable person to suffer substantial emotional distress. Pentz was further

8 harmed insofar as he had to put his Los Angeles residence for sale and moved due, in significant

9 part, so the stalking and trespass of Auguste at his Los Angeles residence.

10 43. Auguste's acts were all intentional and done with malice and oppression and

11 disregard for Pentz's safety or rights. Auguste intended in all her acts to injure Pentz.

12 44. As a direct and proximate result of Auguste's actions, Pentz has been, and will

13 continue to be, damaged in an amount to be proven at trial. By reason thereof, Pentz is entitled to

14 recover general damages, special damages, and punitive damages, in an amount to be determined at

15 trial.

16 SECOND CAUSE OF ACTION FOR TRESPASS

17 (Against Auguste and Does 1 through 10)

18 45. Pentz restates and incorporates by reference, as though fully set forth herein, the

19 allegations in each of the paragraphs above.

20 46. Pentz owned a home in Los Angeles which he stayed in whenever he was in Los

21 Angeles which was often. The home was his private property.

22 47. Auguste intentionally or with reckless disregard entered onto the private property of

23 Pentz unannounced and without invitation from Pentz on one or more occasion. She then lingered

24 outside of Pentz' s residence for over an hour.

25 48. At no time, did Pentz give Auguste permission for entry onto his private Los Angeles

26 residence. In fact, when Pentz informed Auguste that he was not home and that she should leave the

27 private property, she continued to linger for over an hour. Pentz suffered harm as a result of

28 Auguste's actions.

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COMPLAINT
 49. Pentz has suffered from annoyance and distress, including mental anguish,

2 proximately caused by Auguste's entry onto his private property. Auguste's entry onto his private

3 property and her conduct in not wanting to leave Pentz's private property even after she was told to,

4 was also a substantial factor in causing Pentz to sell his Los Angeles residence.

5 50. The aforementioned trespass by Auguste and Does 1 through 10, and each of them,

6 was, and is, willful, oppressive and malicious thereby depriving Pentz of quiet enjoyment of his

7 property and otherwise causing injury, and was despicable conduct that subjected Pentz to unjust

8 hardship in conscious disregard of his rights, so as to justify an award of exemplary and punitive

9 damages.

10 THIRD CAUSE OF ACTION FOR DISTRIBUTION OF PRIVATE MATERIALS

11 (REVENGE PORNOGRAPHY) CIVIL CODE SECTION 1708.6

12 (Against Auguste and Does 1 through 10)

13 51. Pentz restates and incorporates by reference, as though fully set forth herein, the

14 allegations in each of the paragraphs above.

15 52. Auguste violated Pentz's right to privacy by intentionally distributing explicit

16 photographs and videos of Pentz as alleged herein.

17 53. At all times relevant, Pentz did not consent to Auguste's distribution of the

18 photograph of Pentz's naked body, on Auguste's Instagram account shellymxoxo, for her 4,000+

19 social media followers to see.

20 54. At all times relevant, Pentz did not consent to the distribution of the sexually explicit

21 photographs and videos that Pentz alleges on information and belief were sent to Jane Doe, by

22 Auguste on or about April 27, 2020.

23 55. At all times relevant, Pentz did not consent to Auguste's distribution of the sexually

24 explicit photographs and videos that Pentz alleges on information and belief were sent to J evon by

25 Auguste on or about May 28, 2020.

26 56. Auguste's distribution of the sexually explicit photographs and videos of Pentz as set

27 forth herein constitutes a violation of California Civil Code Section 1708.85.

28 57. Auguste received the Pentz photographs and videos from Pentz. He sent them to

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COMPLAINT
 Auguste with the understanding that they would remain private and with Auguste and that she would

2 not distribute them. Auguste was aware of Pentz' desire that they remain private and with her only.

3 58. Auguste's distribution of a sexually explicit photographs and videos of Pentz as set

4 forth herein, caused Pentz to suffer harm, mortification, and hurt feelings as well as harm to his

5 profession and familial relationship.

6 59. By engaging in conduct as hereinabove alleged, Auguste acted with malice and

7 oppression and/or conscious disregard of Pentz's rights, and well-being. Auguste intended to subject

8 Pentz to unjust hardship and embarrassment, thereby warranting an assessment of punitive damages

9 in an amount sufficient to punish the individual, and deter others from engaging in similar conduct.

10 60. As a direct and proximate result of Auguste's actions, as alleged herein, Pentz has

11 suffered, and will continue to suffer damages herein mention, in an amount according to proof at

12 trial.

13

14 PRAYER FOR RELIEF

15 1. For compensatory damages according to proof;

16 2. For exemplary and/or punitive damages as permitted by law;

17 3. For cost of suit herein;

18 4. For attorneys' fees where proper;

19 5. For such other and further relief as the court may deem just and proper;

20 6. For a trial by jury on all causes of action as permitted by law.

21

22 Dated: April 30, 2021

23

24
Brya J. Freedman
25 Br' E. Turnauer
amar Yeghiayan
26
/ Attorneys for Plaintiff
27 Thomas Wesley Pentz

28

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COMPLAINT