Cardi B's Lawsuit Against A Celebrity Blogger

Case 1:19-cv-01301-WMR Document 69 Filed 11/29/20 Page 1 of 43
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
BELCALIS MARLENIS ALMÁNZAR,
Plaintiff,
v. Case No. 1-19-cv-01301-WMR
LATASHA TRANSRINA KEBE a/k/a

LATASHA TRANSRINA HOWARD and
KEBE STUDIOS LLC,
Defendants.
SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff Belcalis Marlenis Almánzar (“Plaintiff”) for her complaint against
Defendant Latasha Transrina Kebe a/k/a Latasha Transrina Howard (“Kebe”) and
Defendant Kebe Studios LLC (“Kebe Studios”) (collectively, “Defendants”)
alleges as follows:
NATURE OF THE CASE
1. This is a diversity action asserting Georgia state law claims for
slander per se, slander, libel per se, and defamation, as a result of Defendants’
publication of slanderous and defamatory statements regarding Plaintiff that are

false, harmful, and offensive to Plaintiff, as well as invasion of privacy – false light
and intentional infliction of emotional distress.
PARTIES
2. Plaintiff currently is a citizen and resident of the State of California.
3. Upon information and belief, Kebe is and at all times during the
pendency of this action has been a citizen and resident of the State of Georgia.
4. Upon information and belief, Kebe Studios is a Georgia limited
liability company with a principal office address of 3614 Janna Lane SW, Marietta,
Georgia 30008.
5. Upon information and belief, Kebe Studios was formed on April 14,
2018 as an alter ego or mere business conduit for Kebe’s activities alleged herein.
JURISDICTION AND VENUE
6. This Court has jurisdiction over the subject matter of this action
pursuant to 28 U.S.C. § 1332 as this is an action between citizens of different states
and the amount in controversy exceeds seventy-five thousand dollars ($75,000).
7. Upon information and belief, Kebe is subject to personal jurisdiction
in the State of Georgia as she resides in and/or is domiciled in Georgia. In addition,
upon information and belief, Kebe owns, uses, or possesses real property within
the State of Georgia, regularly transacts business as described below within the
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State of Georgia, and committed a tortious act within the State of Georgia,
including the torts of invasion of privacy – false light.
8. Venue is proper in this District pursuant to 28 U.S.C. § 1391 because,
upon information and belief, Defendants are residents of this District and because,
upon information and belief, the conduct complained of occurred in this District.
FACTUAL BACKGROUND
9. Plaintiff is a Grammy award-winning musical artist, songwriter, and
television personality professionally known as “Cardi B.”
10. Since the release of her full-length debut mixtape in 2015, Plaintiff’s
musical works have reached peak positions on charts in the United States and
around the world. As a result of the popularity of her music, Plaintiff has millions
of fans in the United States and around the world who follow her work and her
social media profiles.
11. Plaintiff is also a mother of a young baby girl.
12. In addition to her artistic endeavors, Plaintiff is well known for her
volunteer work and philanthropic endeavors, which include helping families
affected by gang violence and performing volunteer work in handing out coats to
underprivileged persons.
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13. Upon information and belief, Starmarie Ebony Jones (“Jones”) is a
natural person who claims to have known Plaintiff before her musical career.
14. Upon information and belief, Jones currently conducts business in the
nature of promoting anti-aging products.
15. Upon information and belief, however, Jones’ real aspiration is to
have a career in the entertainment industry as an actress. Upon information and
belief, in pursuit of this goal, Jones promotes herself and her entertainment
endeavors through social media, where she has about ten thousand followers.
16. Upon information and belief, Jones regularly posts information
regarding her endeavors in the entertainment industry in and around Atlanta.
17. Upon information and belief, Kebe produces, hosts, and publishes
videos on YouTube entitled “unWinewithTashaK.”
18. Upon information and belief, while Kebe calls her site “a celebrity
gossip site,” the real purpose of “unWinewithTashaK” is to provide a platform for
Kebe to publish and spread malicious rumors, slanderous assertions, and false
information about celebrities, including Plaintiff, for her personal financial gain.
19. Upon information and belief, Kebe does this to draw various
celebrities’ social media followers to her site, including Plaintiff’s social media
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followers, so she can increase what she charges for advertising to third parties that
advertise with her.
20. Upon information and belief, in early 2018, Kebe targeted Plaintiff
and began making degrading and harassing statements regarding Plaintiff.
21. Upon information and belief, while Plaintiff was pregnant, on or
around April 13, 2018, Kebe published a video where Kebe stated that as a result
of Plaintiff’s actions, Plaintiff’s then-unborn child may have intellectual
disabilities.
22. Upon information and belief, in the months preceding the filing of this
lawsuit, Kebe took her vitriol one step further by making blatantly defamatory
statements regarding Plaintiff.
23. Upon information and belief, Kebe became obsessed with slandering
and harassing Plaintiff. In the sixteen months preceding the filing of this lawsuit,
Kebe put out at least thirty-eight videos regarding Plaintiff.
24. Upon information and belief, as set forth below, Kebe’s videos about
Plaintiff attract substantially more viewers than most of her other videos, which is
part of the reason she has repeatedly targeted Plaintiff.
25. Upon information and belief, to this end, Kebe has published in the
past few months several videos with more false and defamatory statements about
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Plaintiff, who has become the target of Kebe’s malicious campaign to damage and
destroy Plaintiff’s reputation among her fans and the consuming public.
26. Upon information and belief, on or around September 2, 2018, Kebe
published a video (the “9/2/18 Video”).
27. The 9/2/18 Video contains at least one false and defamatory statement
about Plaintiff.
28. The 9/2/18 Video contains the false, malicious, and defamatory
statement that Plaintiff “prostituted for a living.” (9/2/18 Video at 5:50.)
29. Upon information and belief, Kebe published the 9/2/18 Video to tens
of thousands of individuals without privilege or justification.
30. Upon information and belief, around that same time, on or around
September 13, 2018, Jones published a video of herself to her Instagram followers
making false, malicious, and defamatory statements regarding Plaintiff through
Instagram Live, which allows users to film live videos that can be watched either
simultaneously by their followers or within 24 hours of their posting (the “Jones
Video”).
31. The Jones Video contains multiple false and defamatory statements
about Plaintiff.
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32. In the Jones Video, Jones made the false, malicious, and defamatory
statement that “[Plaintiff] got herpes.” (Jones Video at 9:38.)
33. In the Jones Video, Jones also made the false, malicious, and
defamatory statement that Plaintiff took cocaine. (Jones Video at 14:24.)
34. In the Jones Video, Jones also falsely stated that Plaintiff was
engaging in prostitution. Specifically, she stated, referring to Plaintiff, “I guess
they were supposed to have sex, exchange sex for money.” (Jones Video at 15:50.)
35. Shortly after Jones released the Jones Video, on or around September
13, 2018, Jones also published written comments on her Instagram account to third
parties that Plaintiff is “just a Grammy Nominated Prostitute, running around
spreading her herpes” (the “Instagram Comment”).
36. Upon information and belief, continuing her campaign of slander, and
to capitalize on Jones’ slander, on or around September 19, 2018, Kebe recorded
and later published a video of herself interviewing Jones regarding the Jones Video
on YouTube entitled “Exclusive: Cardi B’s Ex-FRIEND ALLEGES Cardi B. Kept
A Huge Box filled with MONlSTAT & REVEALS More!” (the “9/19/18 Video”).
37. Upon information and belief, Kebe knew that publishing a video
regarding Plaintiff would draw substantially more viewers to her content than she
typically garners.
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38. Upon information and belief, the 9/19/18 Video, has garnered over
four million views. By way of comparison, upon information and belief, the last
full-length video Kebe published prior to the 9/19/18 Video only garnered
approximately 223,000 views.
39. Upon information and belief, only nine of her approximately 236
videos published prior to the 9/19/18 Video garnered over one million views.
40. The 9/19/18 Video contains multiple false and defamatory statements
about Plaintiff.
statement that Plaintiff was a prostitute (0:40: “(Kebe) You said that Cardi B
prostituted” “(Jones) Yes”).
statement that Plaintiff used cocaine (0:40: “(Kebe) Was she a drug user?” “(Ms.
Jones) Yes” “(Kebe) cocaine . . . to be specific” “(Jones) Yes”).
43. The 9/19/18 Video also contains the false, malicious, and defamatory
statement that Plaintiff has herpes (0:48: “(Kebe) She has herpes?” “(Jones) Yes”).
statement that Plaintiff also had herpes outbreaks on her mouth in the past (17:25:
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“(Kebe) So you were living with her at the time and she had herpes outbreaks on
her mouth?” “(Jones) Yes”).
45. Upon information and belief, Kebe published the 9/19/18 Video to
millions of individuals without privilege or justification.
46. None of the aforementioned statements about Plaintiff are true.
Plaintiff was never a prostitute or a user of cocaine. Plaintiff has never, and does
not now, have herpes, nor has she had herpes outbreaks on her mouth.
47. Upon information and belief, Kebe knew or should have known that
the aforementioned statements were false.
48. Upon information and belief, Kebe was subjectively aware of the
probable falsity of the aforementioned statements at the time she published them.
49. Upon information and belief, by way of example, on a second
YouTube channel operated by Kebe, Kebe posted a video that acknowledges that
she was aware, prior to her publishing the 9/19/18 Video, that the defamatory
statements made by Jones may not have been true.
50. Upon information and belief, Kebe further acknowledged and that she
published the 9/19/18 Video a day earlier than she had planned to because
information undermining Jones’ credibility was about to be published and Kebe
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wanted the 9/19/18 Video to have an opportunity to trend (i.e., gain viewership)
before people saw the information that would “debunk” Jones’ statements.
51. Upon information and belief, the aforementioned defamatory
statements were made and published by Kebe with actual malice, i.e., with
knowledge that the statements were false or with reckless disregard for the fact that
they were false.
52. On or about September 19, 2018, shortly after Kebe published the
9/19/18 Video, Plaintiff, through her counsel, sent a cease and desist letter to Kebe
that demanded immediate removal of the defamatory video.
53. Upon information and belief, two days after receiving the letter, which
she posted on social media rather than take the video down or issuing a retraction
and/or repudiation, Kebe published a second video that falsely proclaimed the
statements made in the 9/19/18 Video were true.
published a second video entitled “Actual PROOF Cardi B. Knew her Ex-
Roommate, Drake, Funky Dineva vs Tamar, Beyonce Black Majic,” where she
unequivocally stated that everything said in the 9/19/18 Video was true (the
“9/21/18 Video”).
55. The 9/21/18 Video also continued Kebe’s campaign of defamation.
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56. Upon information and belief, in the 9/21/18 Video, Kebe claims that
“Everything that we said, that everything that [Jones] said was accurate” (9/21/18
Video at 2:11); that Kebe was “the source” (9/21/18 Video at 4:38).
57. Upon information and belief, Kebe even went so far as to falsely
suggest that she was in possession of undisclosed facts that would support the prior
statements when she further claimed that “[Jones] has shown me some stuff, I said,
okay legit so I’m gonna go ahead and tell your story.” (9/21/18 Video at 8:12.)
58. Since then, Kebe has continued her campaign of defamation and
harassment.
59. Upon information and belief, on or around December 18, 2018, Kebe
published a video on YouTube entitled “Tasha K. RESPONDS To Cardi B's
Diffimation SUIT & Offset's Dad calling Cardi B. OUT & more” (the “12/18/18
Video”).
60. The 12/18/18 Video contains the false and defamatory statement that
Plaintiff “f***** herself with beer bottles on f****** stripper stages.” (12/18/18
Video at 10:10.)
published a post on Facebook referring to Plaintiff as “Herpes B” (the “12/18/18
Facebook Post”).
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62. Upon information and belief, on or around January 4, 2019, Kebe
published a video on YouTube entitled “Exclusive | Cardi's Cousin ANGRY!
Diddy & Cassie, Toni & Birdman, Tiffany Haddish, R. Kelly & More.” (the
“1/4/19 Video”).
63. The 1/4/19 Video contains the false and defamatory statement that
Plaintiff was a prostitute. (1/4/19 Video at 41:35.)
64. On or around January 25, 2019, Kebe Tweeted that Plaintiff had
herpes (the “1/25/19 Tweet”).
65. Upon information and belief, the 1/25/19 Tweet was published to
Kebe’s over six thousand followers.
66. Upon information and belief, shortly after it was posted, knowing it
was not true, Kebe deleted the post. However, as set forth below, she has failed and
refused to repudiate and take down the other instances of defamatory statements in
the above-described videos.
67. Upon information and belief, on or around March 25, 2019, Kebe
temporarily unlisted and/or took down the 9/19/18 Video and 9/21/18 Video from
her YouTube channel.
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68. Upon information and belief, on or around March 26, 2019, Kebe re-
listed and/or re-posted the 9/19/18 Video and 9/21/18 Video on her YouTube
channel effectively re-publishing them.
69. Upon information and belief, on or around April 23, 2019, Kebe
published a video on YouTube entitled “Tasha K. RESPONDS to Cardi B.'s
#MUTEBLACKBLOGS Agenda! Cardi CALLS Shade Room Owner a Water
Buffalo” (the “4/23/19 Video”).
70. The 4/23/19 Video contains a false and defamatory statement that
Plaintiff “stuck beer bottles up her vagina, she actually took beer bottles from
pedestrians. This is on video, she took the beer bottle from the pedestrian . . . stuck
it in her cooch, drank the beer bottle and gave it back to him.” (4/23/19 Video at
22:40.)
published a recording of a phone call that Kebe had with another YouTube blogger
named Lovelyti entitled “Exclusive Tasha K. LEAKS Private Call Proving
Lovelyti Tasha K. PLANNED Starmarie Interview” (the “Lovelyti Call”).
72. Upon information and belief, the Lovelyti Call was originally
recorded at least six months before it was published.
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73. Upon information and belief, the Lovelyti Call was originally
recorded prior to the publication of the 9/19/18 Video and 9/21/18 Video and prior
to their re-publication.
74. Upon information and belief, the Lovelyti Call demonstrates that
Kebe was aware of the likelihood that she was circulating false information and
entertained serious doubts as to the truth of the statements she published.
75. Upon information and belief, in the Lovelyti Call, Kebe states that
Jones “told some truths, she didn’t tell all truths” (Lovelyti Call at 16:04).
76. Upon information and belief, in the Lovelyti Call, Kebe states, “I still
believe [Jones] . . . now as far as the herpes and shit, I don’t know.” (Lovelyti Call
at 24:06.)
77. Upon information and belief, in the Lovelyti Call, Kebe states, “Cardi
has an entire team to protect her, if people defame her or anything, that’s Cardi’s
job . . . to shut that shit down.” (Lovelyti Call at 10:17.)
78. Upon information and belief, in the Lovelyti Call, Kebe states, “. . .
here’s my thing, all of these strippers are lying . . .” referring to Jones, Plaintiff and
a third party. (Lovelyti Call at 11:02.)
79. Upon information and belief, on or around July 19, 2019, Kebe
published a video on YouTube entitled “Exclusives| Lala & Carmelo, Cardi &
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Offset, Megan The Stallion, Dwight Howard, Kevin Spacey & More!” (the
“7/19/19 Video”).
Plaintiff engaged in prostitution. (7/19/19 Video at 45:40.)
81. Upon information and belief, on or around November 8, 2019, Kebe
published a video on YouTube entitled “Exclusive I New R.Kelly ENABLERS
REVEALED, Whitney Houston, Ti, Evelyn & O.G., Cardi B., & more!” (the
“11/8/19 Video”).
Plaintiff engaged in prostitution. (11/8/19 Video at 58:45.)
published a video on YouTube entitled “Cardi's Husband allegedly CONTACTED
his EX GIRLFRIEND Jade” (the “12/30/19 Video”).
Plaintiff “was sitting on beer bottles, she was taking pedestrian’s beer bottles, they
was drinking and they could have had some cold sores and she sat on the f******
beer bottles.” (12/30/19 Video at 7:00.)
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published a video on YouTube entitled “This is Why I CANT WERK!” (the
“4/24/20 Video”).
Plaintiff has herpes. (4/24/20 Video at 1:00:23.)
published a video on YouTube entitled “Exclusive | Cardi's NEW LOVER amid
Divorce?, Kylie Jenner, Andrew Gillum, August Alsina, Nicki Minaj” (the
“9/18/20 Video”).
88. The 9/18/20 Video contains the following false and defamatory
statements that Plaintiff was a prostitute (1:07:50), that Plaintiff has HPV
(1:16:11), and that Plaintiff committed infidelity (1:15:37, 1:16, 1:16:29, 1:19:17,
1:19:45, 1:21:31).
published a video on YouTube entitled “Cardi BABY girl. I MEAN baby Bird!”
(the “9/21/20 Video”).
90. The 9/21/20 Video contains the false and defamatory statements that
Plaintiff was a prostitute (7:10) and that Plaintiff is engaging in adultery (7:54).
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91. In the 9/21/20 Video, she acknowledged on multiple occasions that
she knew her stories about Plaintiff were false and she published them anyway.
(“You know what’s funny, I make up stories out of thin air, Tasha just makes up
stories.” (2:20); “I knew the sh** was fake.” (3:24); “I knew they was
m************ fake— I told Kyle ‘I’m going to put the bull**** out anyway.’”
(6:40); “I knew it was fake, I still made that s*** go m************ viral okay.”
(8:38); ““If you continue to send me fake stories on you, I’m going to air them as
they are hoe.” (10:50); “So keep sending me the lies, and I’m going to keep
putting them the f*** out b****.” (11:35).)
92. The aforementioned defamatory statements published by Jones have
caused Plaintiff to suffer embarrassment, humiliation, mental anguish, and
emotional distress.
93. The aforementioned defamatory statements distributed, published, and
repeated by Kebe have caused Plaintiff to suffer embarrassment, humiliation,
mental anguish, and emotional distress.
94. The aforementioned defamatory statements distributed, published, and
repeated by Kebe have also caused damage to Plaintiff’s reputation and character
within her profession and industry, including but not limited to among her fans and
with prospective business relations.
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95. Pursuant to O.C.G.A. §§ 51-5-11 and 51-5-12, on February 28, 2019,
Plaintiff sent a demand for retraction and repudiation to Kebe demanding a
retraction and repudiation of defamatory statements.
96. Pursuant to O.C.G.A. §§ 51-5-11 and 51-5-12, on October 2, 2020,
Plaintiff sent an additional demand for retraction and repudiation to Kebe
demanding a retraction and repudiation of the other subsequently discovered
defamatory statements.
97. Despite written demands for repudiation and the passing of at least
seven (7) days in each instance, Kebe has as of the date of filing of this Complaint
failed and refused to retract and/or repudiate the aforementioned defamatory
statements.
98. As of this day, Kebe has not issued any sort of retraction or
repudiation of the defamatory statements.
COUNT I
(Slander Per Se Against Defendants)
99. Plaintiff repeats and realleges by reference the allegations in
paragraphs 1 through 98 as if fully set forth herein.
100. Upon information and belief, as set forth above, Kebe published
multiple false and defamatory statements about Plaintiff, including that Plaintiff
was a prostitute, that Plaintiff was a user of cocaine, that Plaintiff had and still has
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herpes, that Plaintiff has had herpes outbreaks on her mouth, that Plaintiff had and
still has HPV, that Plaintiff engaged in a debasing act with a beer bottle, and that
Plaintiff committed infidelity.
101. None of the aforementioned defamatory statements about Plaintiff are
true.
102. Upon information and belief, Kebe knew these statements to be false
at the time she published them, or Kebe was subjectively aware of the probable
falsity of the aforementioned statements at the time she published them.
103. Upon information and belief, by way of example, on a second
YouTube channel operated by Kebe, Kebe posted a video that acknowledges she
was aware, prior to her publishing the 9/19/18 Video, that the defamatory
statements made by Jones may not have been true.
104. Upon information and belief, Kebe further acknowledged that she
published the 9/19/18 Video a day earlier than she had planned to because
information undermining Jones’ credibility was about to be published and Kebe
wanted the 9/19/18 Video to have an opportunity to trend (i.e., gain viewership)
before people saw the information that would “debunk” Jones’ statements.
105. Nevertheless, upon information and belief, after receiving a cease and
desist letter demanding she take down the defamatory statements about Plaintiff in
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the 9/19/18 Video, Kebe published another video on September 21, 2018 that
referred to the 9/19/18 Video and the Jones Video and falsely stated that
“Everything that we said, that everything that [Jones] said was accurate” (9/21/18
Video at 2:11); that Kebe was “the source” (9/21/18 Video at 4:38).
106. Upon information and belief, Kebe did not make reasonable attempts
to verify the false and defamatory statements that were made about Plaintiff before
the videos containing those statements (collectively, the “Defamatory Videos”)
were published.
107. Upon information and belief, prior to publication, Kebe was aware of
the likelihood that she was circulating false information and/or she entertained
serious doubts as to the truth of the statements that were published in the
Defamatory Videos.
108. Upon information and belief, on or around March 25, 2019, Kebe
temporarily unlisted and/or took down the 9/19/18 Video and 9/21/18 Video from
her YouTube channel.
109. Upon information and belief, on or around March 26, 2019, Kebe re-
listed and/or re-posted the 9/19/18 Video and 9/21/18 Video on her YouTube
channel effectively re-publishing them.
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110. Upon information and belief, Kebe knew the statements made in the
Defamatory Videos were false or Kebe acted with reckless disregard of whether
they were true or not.
111. Indeed, in the 9/21/20 Video, she acknowledged on multiple
occasions that she knew her stories about Plaintiff were false and she published
them anyway. (“You know what’s funny, I make up stories out of thin air, Tasha
just makes up stories.” (2:20); “I knew the sh** was fake.” (3:24); “I knew they
was m************ fake— I told Kyle ‘I’m going to put the bull**** out
anyway.’” (6:40); “I knew it was fake, I still made that s*** go m************
viral okay.” (8:38); ““If you continue to send me fake stories on you, I’m going to
air them as they are hoe.” (10:50); “So keep sending me the lies, and I’m going to
keep putting them the f*** out b****.” (11:35).)
112. Upon information and belief, Kebe published these false statements
via YouTube and identified Plaintiff by her professional name, her occupation, and
showed photos of Plaintiff during the videos so that individuals who watched them
would know the statements made in the videos were about Plaintiff.
113. Upon information and belief, Kebe’s false stories were generated and
communicated with actual malice, total disregard for the truth, and in the complete
absence of any special privilege.
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114. Upon information and belief, Kebe had no basis for in the 9/21/18
Video claiming that the statements previously made were true.
115. Upon information and belief, the 9/2/18 Video has been viewed by
tens of thousands of people.
116. Upon information and belief, the 9/19/18 Video and 9/21/18 Video
have been viewed by hundreds of thousands of people.
117. Upon information and belief, the 9/2/18 Video, 9/19/18 Video, and
9/21/18 Video and the other Defamatory Videos are still available to be viewed by
the public.
118. Upon information and belief, these actions constitute actionable
slander per se under O.C.G.A. § 51-5-4(a)(1)-(2).
119. Upon information and belief, Kebe’s false and defamatory statements
made and published in the Defamatory Videos were disparaging and have
produced damage to Plaintiff and to Plaintiff’s name, character, and reputation.
120. The aforementioned defamatory statements made, published, and
distributed by Kebe have caused Plaintiff to suffer embarrassment, humiliation,
distributed by Kebe have also caused damage to Plaintiff’s reputation and character
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122. Upon information and belief, the actions or omissions of Kebe set
forth in this Complaint demonstrate malice, egregious defamation, and insult.
123. Upon information and belief, such actions or omissions by Kebe were
undertaken with reckless disregard of the falsity of the speech and its effects on
Plaintiff.
124. As a direct and proximate result of Kebe’s conduct, Plaintiff has
suffered damages in an amount to be proven at trial.
125. Plaintiff is entitled to general and special damages against Defendants
for the following harm: embarrassment, humiliation, mental anguish, and
emotional distress and impairment to her name, character, and reputation.
126. Additionally, Plaintiff requests against Defendants an award of
punitive damages and attorneys’ fees and litigation expenses beyond and in excess
of those damages necessary to compensate Plaintiff for injuries resulting from
Kebe’s conduct.
127. Additionally, as a direct and proximate result of the foregoing,
Plaintiff is entitled to an order permanently enjoining Defendants and all of their
agents, officers, employees, representatives, successors, assigns, attorneys, and all
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other persons acting for, with, by, through, or under authority from Defendants, or
in concert or participation with Defendants, and each of them, from: making,
disseminating, broadcasting, or publishing any statements that Plaintiff has or had
herpes or HPV; that Plaintiff uses or has used cocaine; that Plaintiff engaged in a
debasing act with a beer bottle; that Plaintiff committed infidelity; and/or that
Plaintiff was or is a prostitute, as well as an order requiring Defendants to retract,
remove, and repudiate in full all defamatory and disparaging statements made
regarding Plaintiff.
COUNT II
(Slander Against Defendants)
129. Upon information and belief, Kebe’s above actions constitute
actionable slander under O.C.G.A. § 51-5-4(a)(4).
made during the Defamatory Videos were disparaging, and have produced damage
to Plaintiff, and to Plaintiff’s name, character, and reputation.
probable falsity of the statements made during the above-referenced videos at the
time they published them.
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Plaintiff.
distributed by Kebe have caused Plaintiff to suffer embarrassment, humiliation,
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distributed by Kebe have also caused damage to Plaintiff’s reputation and character
Kebe’s conduct.
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COUNT III
(Libel Per Se Against Defendants)
142. Upon information and belief, Kebe published the 12/18/18 Facebook
Post on or around December 18, 2018.
143. Upon information and belief, Kebe published this false statement via
Facebook
144. Upon information and belief, Kebe published the 1/25/19 Tweet on or
around January 25, 2019.
145. Upon information and belief, Kebe published this false statement via
Twitter.
146. As set forth above, the statements made in the 12/18/18 Facebook
Post and the 1/25/19 Tweet that Plaintiff has herpes is false, defamatory, and
libelous.
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147. Upon information and belief, Kebe knew these statements to be false
at the time she published them or acted with reckless disregard of whether they
were true or not.
probable falsity of the aforementioned statements at the time she published them.
149. Upon information and belief, Kebe’s false stories were generated and
communicated with actual malice, total disregard for the truth, and in the complete
absence of any special privilege.
150. Upon information and belief, Kebe had no basis for claiming the
aforementioned statements were true.
151. Upon information and belief, the 12/18/18 Facebook Post was
published to Kebe’s thousands of Facebook followers.
152. Upon information and belief, the 1/25/19 Tweet was published to
Kebe’s over six thousand Twitter followers.
153. Upon information and belief, Kebe’s actions constitute actionable
libel per se under O.C.G.A. § 51-5-1.
made in the 12/18/18 Facebook Post and the 1/25/19 Tweet were disparaging and
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have produced damage to Plaintiff and to Plaintiff’s name, character, and
reputation.
155. The aforementioned defamatory statements made and published by
Kebe have caused Plaintiff to suffer embarrassment, humiliation, mental anguish,
and emotional distress.
156. The aforementioned defamatory statements published by Kebe have
also caused damage to Plaintiff’s reputation and character within her profession
and industry, including but not limited to among her fans and with prospective
business relations.
Plaintiff.
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Kebe’s conduct.
COUNT IV
(Invasion of Privacy – False Light Against Defendants)
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164. Upon information and belief, by publishing the false statements in the
manner described above, Kebe portrayed Plaintiff in a false light intending to cause
Plaintiff injury.
165. Upon information and belief, Kebe knew these statements to be false.
166. Upon information and belief, Kebe made no attempt to verify the
veracity of any statements made regarding Plaintiff.
9/2/18 Video, 9/19/18 Video, 9/21/18 Video, and the other Defamatory Videos,
and the 1/25/19 Tweet, were false.
168. Upon information and belief, Kebe was subjectively aware of
probable falsity of the statements made in the 9/2/18 Video, 9/19/18 Video,
9/21/18 Video, and the other Defamatory Videos, and the 1/25/19 Tweet, at the
time she published them.
169. Upon information and belief, Kebe’s false statements were generated
and communicated with actual malice, total disregard for the truth, and in the
complete absence of any special privilege.
31
171. Upon information and belief, as set forth above Kebe has intentionally
intruded upon the solitude and/or seclusion of Plaintiff and her private affairs
and/or concerns, and this intrusion, which falsely portrays Plaintiff in a manner
that is highly offensive to a reasonable person, including that Plaintiff was a
prostitute, that Plaintiff was a user of cocaine, that Plaintiff had and still has
herpes, that Plaintiff has had herpes outbreaks on her mouth, that Plaintiff had and
still has HPV, that Plaintiff engaged in a debasing act with a beer bottle, and that
Plaintiff committed infidelity.
172. Upon information and belief, Kebe knew or should have known the
statements alleged herein would create a false impression about Plaintiff and acted
in reckless disregard of the truth.
173. Upon information and belief, Kebe did not engage in any of the
aforementioned conduct out of any sincere or proper motive, or in any manner
32
governed by reasonable and ministerial conduct according to any job duty, but did
so knowingly, willfully, and oppressively, with full knowledge of the adverse
effects that their actions would have on Plaintiff, and with willful and deliberate
disregard for the consequences. Accordingly, Plaintiff is entitled to recover
punitive damages from Kebe in an amount to be determined at trial.
forth in this Complaint demonstrate malice, egregious defamation, and insult. Such
actions or omissions by Kebe were undertaken with reckless disregard of the
falsity of the speech and its effects on Plaintiff.
Kebe’s conduct.
33
COUNT V
(Intentional Infliction of Emotional Distress)
180. Upon information and belief, by making and publishing the
statements, and campaign of harassing videos, including the Defamatory Videos,
Defendants were intending to cause Plaintiff emotional distress.
34
181. Upon information and belief, Kebe’s conduct was intentional, as Kebe
knew these statements were false and made no attempt to verify the truth of any
statements made regarding the Plaintiff.
9/2/18 Video, 9/19/18 Video, 9/21/18 Video, and the other Defamatory Videos,
and the 1/25/19 Tweet, were extreme and outrageous and would cause Plaintiff
emotional distress.
184. Upon information and belief, Kebe has published over thirty videos in
her campaign against the Plaintiff, including the Defamatory Videos, which were
35
intended to cause humiliation, mental anguish and emotional distress in the
Plaintiff.
185. Upon information and belief, Kebe’s conduct was extreme and
outrageous as Kebe purposely published statements that she knew would cause
severe emotional distress, including but not limited to stating that Plaintiff’s then-
unborn child would have mental deficiencies, that Plaintiff was a prostitute, that
Plaintiff was a user of cocaine, that Plaintiff had and still has herpes, that Plaintiff
has had herpes outbreaks on her mouth, that Plaintiff had and still has HPV, that
Plaintiff engaged in a debasing act with a beer bottle, and that Plaintiff committed
infidelity.
186. Upon information and belief, Kebe’s conduct was intentional as Kebe
intended to benefit financially and socially from Plaintiff’s emotional distress.
187. Upon information and belief, since Kebe began her campaign against
Plaintiff, her viewership has substantially increased from hundreds of thousands of
views to millions of views for videos of comparable length.
188. Upon information and belief, Kebe conduct was intentional as Kebe
intended to increase what she could charge from advertisers, and, as a result of her
campaign of outrageous and harassing conduct against the Plaintiff, has now been
able to do so.
36
189. As a proximate result of Kebe’s actions and the consequences
proximately cause by them, as hereinabove alleged, Plaintiff suffered severe
humiliations, mental anguish, and emotional distress.
emotional distress.
Kebe’s conduct.
37
COUNT VI
(Punitive Damages Pursuant to O.C.G.A. § 51-12-5.1)
195. Kebe’s actions demonstrate willful misconduct, malice, fraud,
wantonness, oppression, and conscious indifference to the consequences of their
actions.
38
197. Upon information and belief, Kebe acted with a specific intent to
cause harm to Plaintiff.
198. Plaintiff seeks punitive damages pursuant to O.C.G.A. § 51-12-5.1 to
punish, penalize, and deter Defendants’ actions in an amount that exceeds
$250,000.
COUNT VII
(Attorneys’ Fees and Litigation Expenses Pursuant to O.C.G.A. § 13-6-11)
200. Kebe has acted in bad faith by publishing defamatory statements she
knew to be false and would cause harm to Plaintiff and has been stubbornly
litigious and has caused Plaintiff unnecessary trouble and expense by refusing to
retract such statements.
201. Plaintiff seeks her attorneys’ fees and expenses of litigation against
Defendants pursuant to O.C.G.A. § 13-6-11.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests the Court to enter judgment
in her favor and against Defendants, each of them jointly and severally, as follows:
39
(a) Awarding Plaintiff damages in amounts pertaining to each to be
determined at trial, but not less than $75,000, including general, special,
consequential, actual, and punitive damages;
(b) Awarding an accounting to Plaintiff for the gains and profits of
Defendants arising from the unlawful conduct;
(c) Permanently enjoining Defendants and their respective partners,
agents, representatives, successors, assigns and employees, and any and all persons
in active convert or participation with Defendants, and each of their executors,
administrators, successors, licensees, assigns, subsidiaries, parents, affiliates,
divisions, co-venturers, partners, officers, directors, employees, agents,
shareholders, managers, representatives, consultants, and any and all other persons,
corporations, or other entities acting under the supervision, direction, control, or on
behalf of any of the foregoing, and each of them, from: making, disseminating,
broadcasting, or publishing any statements that Plaintiff has or had herpes or HPV;
that Plaintiff uses or has used cocaine; that Plaintiff engaged in a debasing act with
a beer bottle; that Plaintiff committed infidelity; and/or that Plaintiff was or is a
prostitute;
40
(d) Issuing an order requiring Defendants to retract, remove, and
repudiate in full all defamatory and disparaging statements made regarding
Plaintiff;
(e) Awarding Plaintiff’s attorneys’ fees and costs;
(f) Pre-judgment and post-judgment interest; and
(g) Granting Plaintiff such other and further relief as the Court deems just
and proper.
JURY TRIAL DEMANDED
Plaintiff hereby demands a trial by jury on all claims for relief and issues
triable by jury.
Dated: November 29, 2020 Respectfully submitted,
/s/ Lisa F. Moore

Gary P. Adelman
(admitted pro hac vice)
Sarah M. Matz
(admitted pro hac vice)
ADELMAN MATZ P.C.
1173A Second Avenue, Suite 153
New York, New York 10065
Telephone: (646) 650-2207
E-mail: [email protected]
Lisa F. Moore (Bar No. 419633)
41
W. Andrew Pequignot (Bar No. 424546)

MOORE PEQUIGNOT LLC
887 West Marietta Street, Suite M-102
Atlanta, Georgia 30318
Telephone: (404) 748-9596
Attorneys for Plaintiff
42
CERTIFICATE OF SERVICE
I hereby certify that on November 29, 2020, I electronically filed the
foregoing SECOND AMENDED COMPLAINT AND DEMAND FOR JURY
TRIAL with the Clerk of the Court using the CM/ECF system, which will
automatically send email notification of such filing to all of the attorneys of record.
/s/ Lisa F. Moore

Lisa F. Moore
Georgia Bar No. 419633
43

Cardi B's Lawsuit Against A Celebrity Blogger

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Case 1:19-cv-01301-WMR Document 69 Filed 11/29/20 Page 1 of 43

UNITED STATES DISTRICT COURT

BELCALIS MARLENIS ALMÁNZAR,

LATASHA TRANSRINA KEBE a/k/a

SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff Belcalis Marlenis Almánzar (“Plaintiff”) for her complaint against

Defendant Kebe Studios LLC (“Kebe Studios”) (collectively, “Defendants”)

NATURE OF THE CASE

1. This is a diversity action asserting Georgia state law claims for

publication of slanderous and defamatory statements regarding Plaintiff that are

and intentional infliction of emotional distress.

2. Plaintiff currently is a citizen and resident of the State of California.

4. Upon information and belief, Kebe Studios is a Georgia limited

JURISDICTION AND VENUE

pursuant to 28 U.S.C. § 1332 as this is an action between citizens of different states

and the amount in controversy exceeds seventy-five thousand dollars ($75,000).

7. Upon information and belief, Kebe is subject to personal jurisdiction

in the State of Georgia as she resides in and/or is domiciled in Georgia. In addition,

including the torts of invasion of privacy – false light.

8. Venue is proper in this District pursuant to 28 U.S.C. § 1391 because,

9. Plaintiff is a Grammy award-winning musical artist, songwriter, and

television personality professionally known as “Cardi B.”

social media profiles.

11. Plaintiff is also a mother of a young baby girl.

volunteer work and philanthropic endeavors, which include helping families

13. Upon information and belief, Starmarie Ebony Jones (“Jones”) is a

nature of promoting anti-aging products.

15. Upon information and belief, however, Jones’ real aspiration is to

have a career in the entertainment industry as an actress. Upon information and

16. Upon information and belief, Jones regularly posts information

regarding her endeavors in the entertainment industry in and around Atlanta.

videos on YouTube entitled “unWinewithTashaK.”

gossip site,” the real purpose of “unWinewithTashaK” is to provide a platform for

advertise with her.

and began making degrading and harassing statements regarding Plaintiff.

21. Upon information and belief, while Plaintiff was pregnant, on or

of Plaintiff’s actions, Plaintiff’s then-unborn child may have intellectual

statements regarding Plaintiff.

Kebe put out at least thirty-eight videos regarding Plaintiff.

part of the reason she has repeatedly targeted Plaintiff.

26. Upon information and belief, on or around September 2, 2018, Kebe

published a video (the “9/2/18 Video”).

statement that Plaintiff “prostituted for a living.” (9/2/18 Video at 5:50.)

of thousands of individuals without privilege or justification.

making false, malicious, and defamatory statements regarding Plaintiff through

simultaneously by their followers or within 24 hours of their posting (the “Jones

statement that “[Plaintiff] got herpes.” (Jones Video at 9:38.)

defamatory statement that Plaintiff took cocaine. (Jones Video at 14:24.)

engaging in prostitution. Specifically, she stated, referring to Plaintiff, “I guess

parties that Plaintiff is “just a Grammy Nominated Prostitute, running around

spreading her herpes” (the “Instagram Comment”).

to capitalize on Jones’ slander, on or around September 19, 2018, Kebe recorded

on YouTube entitled “Exclusive: Cardi B’s Ex-FRIEND ALLEGES Cardi B. Kept

approximately 223,000 views.

prostituted” “(Jones) Yes”).

Jones) Yes” “(Kebe) cocaine . . . to be specific” “(Jones) Yes”).

her mouth?” “(Jones) Yes”).

millions of individuals without privilege or justification.

46. None of the aforementioned statements about Plaintiff are true.

the aforementioned statements were false.

49. Upon information and belief, by way of example, on a second

statements made by Jones may not have been true.

putting them the f* out b**.” (11:35).)

keep putting them the f* out b**.” (11:35).)