SY Knowenoercen|Rosenrero 8 & (Of Oey) ee oo BAU SsaRSRZS Remove Watermark Now KRONENBERGER ROSENFELD, LLP Karl S. Kronenberger (Bar No. 226112) 7 Jeffrey M. Rosenfeld (Bar No. 222187) Liana W. Chen (Bar No. 296965) 150 Post Street, Suite 520 San Francisco, CA 94108 Telephone: (415) 955-1155 S. Alvarez Facsimile: (415) 955-1158 karl@KRintemnetLaw.com jeff@KRinternetLaw.com liana@KRintemetLaw.com Attorneys for Plaintiffs een SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA UNLIMITED CIVIL | individual, and CaseNo. 17CV312553 an individual, Plaintiffs, COMPLAINT v DEMAND FOR JURY TRIAL ALANA PAGUE, an individual, ANA PAGUE, an individual, DOE 1 aka @Desimarcellot, BY FAX DOE 2 aka @AlmaCaceres6, and DOES 3-10, inclusive, Defendants. Case No COMPLAINTROSENFELD KRONENBERGER yy ie Remove Watermark Ni counsel, state and allege as follows: INTRODUCTION 1. Plaintiff JM and Defendant Alana Pague are former romantic partners and the parents of a four-year-old son (NH). 2. Beginning in mid-2015, Alana Pague, and her mother Ana Pague, began exhibiting erratic, harassing, extortionate, and threatening behavior toward i! 3. On multiple occasions, Alana Pague and Ana Pague yelled at, screamed at, and threatened both [EES and i 4. On multiple occasions, Alana Pague physically assaulted slapping, hitting, and punching him in the face and body. 5. Onmultiple occasions, Alana Pague and Ana Pague physically assaulted il HE including hitting and biting him 6. On multiple occasions, Alana Pague threatened to abduct their son if | MEE cid not pay her substantial sums of money. 7. After EM ended his romantic relationship with Alana Pague, and began a new relationship with Plaintiff [IEEE on information and belief, Alana Pague and Ana Pague followed the couple and secretly took photographs of them, including photographs and/or video of the couple engaging in intimate activities. 8. After INNMMMended his romantic relationship with Alana Pague, and began a new relationship with INN, Alana Pague accessed ED mobile phone and email account and/or computer without his knowledge or consent, and obtained private text messages, emails, and photographs exchanged between [I eS oo 9. Thereafter, Alana Pague threatened to post on the Internet and distribute these photographs, videos, and messages to [NNNNNNNNN's friends, family, and colleagues unless] paid Alana Pague substantial sums of money. Alana Pague also threatened to falsely accuse EN and IE of criminal Case No. 1 COMPLAINTROSENFELD KRONENBERGER yY conduct unless EEE paid Alana Pague substantial sun 57st van)\r eel 10. On one occasion, Alana Pague threatened to attack EEN with a steak knife with the apparent ability to seriously injure him 11. After [MMI reported Alana Pague’s threatening conduct to the police, Alana Pague abducted] and travelled to an unknown location. Alana Pague kept [IEEE away from [EEN for 20 days, and only returned him when ordered by the Court to do so. 12. During this time, Alana Pague, Ana Pague, and unknown Defendants Doe 1 and Doe 2 went on a campaign to speak and publish numerous false and disparaging statements on Twitter about EEE 7d [IEE These statements included false assertions that [IEEE had abused Alana Pague and Ana Pague, that Alana Pague and [MB had fled to a battered women’s shelter to escape] EEE 's abusive conduct, that I ond [I had harassed Alana Pague, that (EE .2¢ cheated on Alana Pague with I. and that (i was a “pathological liar.” 13. As a result of Defendants’ misconduct, Plaintitts [i anc [EB have been harmed. JURISDICTION AND VENUE 14. This Court has jurisdiction under the California Constitution, Article VI, §10. 15. This Court has personal jurisdiction over Defendants because: 1) upon information and belief, Defendants reside in California; 2) Plaintiffs reside in Santa Clara County, California; 3) a substantial part of Defendants’ misconduct that gave rise to this action occurred in California; and 4) the primary injury suffered by Plaintiffs as a result of Defendants’ misconduct occurred in California 16. Venue is proper pursuant to Code of Civil Procedure §395 because, upon information and belief, one or more Defendants reside in Santa Clara County, PARTIES 17. Plaintiff [I is an individual residing in Santa Clara County, Case No. 2 COMPLAINTKRONENBERGER ROSENFELD y California. Remove Watermark N 18. Plaintiff (NM is an individual residing in Santa Clara County, California 19. Defendant Alana Pague is an individual who, on information and belief, resides in Santa Clara County, California 20. Defendant Ana Pague is an individual who, on information and belief, resides in Santa Clara County, California. 21. Defendant Doe 1 is the registrant of the suspended Twitter account associated with the account name @Desimarcellot 22. Defendant Doe 2 is the registrant of the suspended Twitter account associated with the account name @AlmaCaceres6. 23. Plaintiffs do not know the true names and capacities, whether individual, associate, corporate, or otherwise, of Defendants sued herein as Does 1-10 inclusive, and Plaintiff therefore sues these Defendants by such fictitious names. Plaintiffs will amend this complaint to state the true names and capacities of Does 1-10 once they have been discovered. Plaintiffs are informed and believe, and, on that basis, allege that each Defendant sued herein by a fictitious name is in some way liable and responsible to Plaintiffs based on the facts alleged herein. FACTUAL ALLEGATIONS 24. (ERB anc Alana Pague are former romantic partners and parents to a four-year old son, J 25. In March 2012, I began a romantic relationship with Alana Pague, when he was a PhD student at the University of California at Santa Barbara. 26. Around June 2012, J and Alana Pague learned that Alana Pague was pregnant with their son. 27. Given the pregnancy, EEE ceased his PhD program and obtained ‘employment in northern California. 28. Around October 2012, [MMM and Alana Pague moved to Case No. 3 COMPLAINTKRONENBERGER ROSENFELD Gy Burlingame, California for EEE new job. Pate AN ECE lan himself and Alana Pague. 29. [EE was born on 2013, and thereafter, Alana Pague, and [EE resided in the apartment in Burlingame, California. 30. In May 2013, Alana Pague's mother, Ana Pague, moved into the Burlingame apartment, ostensibly to help provide childcare for|EEEEMon a short-term basis (i.e. three months). However, Ana Pague did not move out of the apartment after three months, claiming that she had nowhere to go and no money to obtain her own residence. 31. In April 2015, I, Alana Pague, Ana Pague, and II moved to a one-bedroom apartment in Mountain View, California, and later, to a two-bedroom apartment in the same complex (collectively, the “Mountain View Apartment’) 32. Thereafter, the behavior of Alana Pague and Ana Pague became erratic, threatening, and abusive. 33. Alana Pague and Ana Pague would regularly yell at, scream at, and threaten is 34. Alana Pague and Ana Pague would regularly drink alcoholic beverages and become intoxicated in the presence of JE 35. On multiple occasions, Alana Pague hit [EE] On one occasion, Alana Pague hit [EM several times because [EE dropped Alana Pague’s mobile phone. 36. On multiple occasions Alana Pague hit, slapped, and punched i in the face and body. 37. Beginning in mid-2015, Alana Pague began threatening i, stating that if he did not pay her large sums of money, she would abduct [EEE and move to another location without ENN s knowledge. Ana Pague also threatened to abduct J if IN would not allow her to reside in the Mountain View Apartment, and Ana Pague encouraged Alana Pague when she made these threats. Case No. 4 COMPLAINTROSENFELD KRONENBERGER yY 38, Alana Pague and Ana Pague continued to mak{ {uals cision INebhl few months. 39. During this time, [J began to sleep in the living area, and then the extra bedroom, of the Mountain View Apartment instead of the same bedroom as Alana Pague. 40. In September 2015, Alana Pague told [NNNthat she needed to take a short trip to Honduras to address some family estate issues. This was a lie. Alana Pague had previously made secret plans to travel to Italy to study abroad and had purchased an airplane ticket to do so. In September 2015, Alana Pague travelled to Italy, without [IIEEEET's knowledge, and leaving behind [IS in E's care. 41. Alana Pague did not return from Italy until December 201. While she was in Italy, Alana Pague demanded money from EEE including for a gondola ride. Alana Pague insisted that EINEM send her the money even though i! explained that if he did so, he would not have enough money remaining to support himself and (i. 42. When Alana Pague returned from Europe, she continued her erratic, threatening, and abusive behavior toward IEEE. Additionally, Alana Pague continued to threaten to abduct EE unless paid her money. 43. In January 2016, Alana Pague applied for a long-term visa to travel and reside in France for herself, Ana Pague, and INN. Alana Pague never informed | of this visa application, and he only learned about the visa by accident at a later time. 44. During early 2016, Ana Pague also continued her erratic, threatening, and abusive behavior toward both EE and IJ. Ana Pague would regularly scream at and threaten IEEE and EI with no provocation. At one time in early 2016, Ana Pague tried to drag IIE by his ankles across the floor. Another time, Ana Pague bit EE. supposedly to teach him not to bite others. 45. Given Alana Pague’s erratic, threatening, and abusive behavior, in Case No. 5 COMPLAINTROSENFELD KRONENBERGER Gy February 2016, [EEE ended his romantic relationship ysl V-n\rcurl Pague acknowledged the end of their romantic relationship. However, given Alana Pague’s lack of income, and given her desire to help raiselEN, Alana Pague and HE continued to reside together in the Mountain View Apartment with [I 46. While Alana Pague had occasionally used [N's phone while they were in a romantic relationship, after the end of that relationship, [IEEE expressly told Alana Pague that she was not allowed to use his phone or access its contents. 47. [EE also never gave Alana Pague access to his email account or his computer, and said computer was used solely for work purposes. [III expressly told Alana Pague that she was not allowed to access his computer. 48. Also in February 2016, given Ana Pague's increasingly violent and threatening behavior, | repeatedly asked Ana Pague to move out of the Mountain View Apartment. Ana Pague refused to move out and screamed at HM when he asked. Ana Pague also threatened [INN that she would report him to the police, accusing him of abusing herself and Alana Pague, if he tried to force her to move out of the Mountain View Apartment, 49. In April 2016 EN began a romantic relationship with J [EEN At the time, [J and Alana Pague still resided together in the Mountain View Apartment. 50. On information and belief, in May 2016, Alana Pague accessed Ill H's mobile phone and email account and/or computer without his knowledge or consent. Alana Pague saved and/or sent herself contents from [N's mobile phone and email account and/or computer, including private text messages and at least one photograph that had been sent to I by 51. On information and belief, in May 2016, Alana Pague and Ana Pague followed [EES 2nd [I on two occasions during their evenings out. On information and belief, while Alana Pague and Ana Pague followed EEE anc HERE they secretly took photographs and/or video of them. On information and Case No. 6 COMPLAINTROSENFELD KRONENBERGER GY belief, Alana Pague and Ana Pague secretly took some of tHIN:TTsle or icisurls a while and I were at a wine bar in Sunnyvale, California. On information and belief, Alana Pague and Ana Pague secretly took photographs or video of EE 21 EN engaging in intimate activities in N's car outside of E's apartment in I (collectively, the “Photographs') 52. In early June 2016, Alana Pague told (NNN that she had Photographs of EES ond [I engaging in intimate activities. Alana Pague threatened EEE that she would send the Photographs to [EEETs friends, family, and colleagues unless he paid her more money. Alana Pague also threatened that she would publish the Photographs on the Internet anonymously unless he paid her more money. Alana Pague also threatened to accuse] and (Ef committing felonies if [IEEE did not pay her more money. 53. Alana Pague continued to threaten to distribute the Photographs throughout June of 2016 unless [IEEE paid her more money. 54. Given Alana Pague’s threats to distribute the Photographs, given Alana Pague's threats to falsely accuse [EE ond [IEEE of criminal conduct, and given Alana Pague’s continuing threats to abduct [EM on June 9, 2016, [HE prepared and signed a short letter, which stated that he would pay Alana Pague $3,000 per month for six months, and then $2,500 per month for six more months Ill HB ould not have prepared or signed this letter but for Alana Pague’s threats. 55. A few days later, IEEE and Alana Pague were eating a pizza dinner at the Mountain View Apartment, Alana Pague had been consuming alcohol and showed signs of inebriation. During that dinner, Alana Pague and [EEE got into an argument, including about Alana Pague’s continuing demands for money. Alana Pague began yelling at EEE. Alana Pague then held up a steak knife toward] MMi) @ threatening gesture. While Alana Pague was approximately six feet away from [EEE winen she threatened him with the steak knife, she had the apparent Case No. 7 COMPLAINTROSENFELD KRONENBERGER yY ability to attack [NN with the knife with a few steps 2 -"ylava) rien As such, I|rcasonably feared for his safety and immediately left the Mountain View Apartment. 56. Unsure of what to do about Alana Pague’s threatening behavior, Il WE contacted a Santa Clara County domestic violence hotline. EEE was told to report the threatening incident to the police. Thus, on June 18, 2016, = went to the Mountain View Police Department and completed a police report. HE explained to the Mountain View Police how Alana Pague had threatened him with a steak knife and how he reasonably feared for his safety and the safety of 57. On June 21, 2016 SEE sought, and the Court granted, a domestic violence restraining order against Alana Pague. 58. That day, after the issuance of the temporary restraining order, Alana Pague abducted [EEE without N's knowledge or consent. Alana Pague did not inform IEEE that she was taking his son, and she did not inform Ill HE of their whereabouts EM reported the abduction to the Mountain View Police and worked with the Santa Clara District Attorney to have his son returned to him. 59. Alana Pague did not reappear with IEE until July 11, 2016, when she was required to attend a hearing before this Court regarding the restraining order I WB had obtained against her. At the hearing, Alana Pague was ordered to return [i Eo thet day. 60. _ In early July 2016, Alana Pague orally stated many false statements of fact about i and to Ana Pague, family friend Gloria Romero, cousins Anthony Zelaya and Christine Aguilar, and aunt Amalia Zelaya, among others (‘Alana Pague's False Statements’). 61. Alana Pague's False Statements include assertions that im physically abused Alana Pague, Ana Pague, and EE that HE forced Alana Pague to take NNN to a shelter for battered women, that INN cheated on Alana Pague with NE that SS and EE harassed and Case No. 8 COMPLAINTROSENFELD KRONENBERGER wy threatened Alana Pague and her friend Christine Aguilar, tha |--ysliv-n)Fenelne protecting Alana Pague from [EEE and that Iisa pathological liar. 62. Additionally, in July 2016, Alana Pague provided communications that she had stolen from [E's mobile phone and email account and/or computer to at least Ana Pague and Doe 2. These private contents included at least a private text message and photograph that i had sent tc = 63. Thereafter, and beginning on July 3, 2016, Ana Pague published numerous false and disparaging statements of fact about 8 and HNN on the social media platform Twitter ("Ana Pague's False Statements’). 64. Ana Pague's False Statements include, but are not limited to, the following: © GEE s an abusive person and | have an elderly abuse restraining order against him.” + “lam Alana Pague's mother and Alana and IM are in a shelter for battered women.” * “This entire mess began because of EEE's and [Ns vindictive natures.” « “Alana Pague uncovered {fs infidelity with [i ” ° ‘RR have been harassing Alana has been abusive towards Alana. Alana’s been in a shelter for battered women.” + “Alana uncovered Z's infidelity with 7" + “I have terribly witnessed [Ms abuse personally. | have been granted a restraining order from him for elderly abuse.” * “Alana Pague is protected by the DA. KEENE started this mess *because* Alana found out about his infidelity.” « “lam Alana Pague's mother. She uncovered his infidelity with is" * “lam Alana’s mom- she uncovered his infidelity with i" * “Alana discovered I's infidelity with i!” + “Alana Pague andere in a shelter for battered women. Alana Pague is Case No. 9 COMPLAINTROSENFELD KRONENBERGER yy a victim of SE's harassment.” PTAC IEA © HERR from Sunnyvale, Ca cheated with [EEN partner to Alana Pague & dad to i.” « “Alana Pague represents battered women everywhere.” * “The DA of Santa Clara County knows exactly where Alana and] are seeking protection from this abusive madman.” « “Alana and | are both suffering because of these false allegations. The DA is protecting Alana Pague.” RS 2: I 216: 2:25si0g an innocent woman.” “Alana Pague is in a shelter for battered women. IN cheated with bl “My daughter, Alana Pague, and my grandson ME. are safe in a shelter for battered women.” ¢ EERs 2 pathological liar. | have witnessed it too many times.” “Alana pague discovered EEE s infidelity with i (aka ee 65. Additionally, on several occasions, Ana Pague published on Twitter the contents of a private communication from {J to HII which included a private, personal photograph of [EEN Alana Pague had stolen this private content {tom |EEEEEE's mobile phone email account and/or computer without his knowledge or consent. On information and belief, Ana Pague published this private content on Twitter knowing that it had been obtained without JIINN's knowledge or consent, stating, “[tJhe text that Alana Pague found on E's cell phone from [i | 66. Beginning on July 4, 2016, Defendant Doe 1 published numerous false and disparaging statements of fact about [EEE and Ion the social media platform Twitter using the Twitter account name @Desimarcello (‘Doe 1's False Case No. 10 COMPLAINTKRONENBERGER ROSENFELD Gy Statements’), Pe CAN CauE La 67. Doe 1’s False Statements include, but are not limited to, the following} * “On the day in question he she [sic] wanted pictures of III and surprisingly noticed all her text messages including some very provocative pictures from his lover so this was the reason for the breakup as Alana had been faithful to this ABUSIVE MAN.” ‘* “she could have gone to the police at the time we he [sic] became aggressive ad [sic] physical abusive but she was cared of him ad | love. [sic]" * “I wonder what you would have done in her place. Manipulative can go both way. The abuser was and is I” * ‘What makes you think Alana wants anything from [I All she wants is to protect her and her child from an abusive man.” * “Again woman Il gave Alana complete access to his phone text and pictures as she did. This is called trust in a relationship you should know this.” * ‘in addition he never wanted Il and Alana to abort him and when she refused he told her to give up the child for adoption.” 68. Beginning on July 3, 2016, Defendant Doe 2 published numerous false and disparaging statements of fact about I ond [INN on the social media platform Twitter using the Twitter account name @AlmaCaceresé ("Doe 2's False Statements") 69. Doe 2’s False Statements include, but are not limited to, the following + BE cheated with a” * “this ‘professional’ woman cheated with I, a man who was in a relationship and was a fathering his son.” + ‘jou already stole Alana Pague’s man INN why do you lie on her name and commit defamation. You are a disgusting person. 70. Additionally, Doe 2 published on Twitter the contents of a private communication from [EE to HE which included a private, personal Case No. " COMPLAINTROSENFELD KRONENBERGER yy photograph of EE Alana Pague had stolen this private © /!n)4\)/e\ecgneln mobile phone email account and/or computer without his knowledge or consent. On information and belief, Doe 2 published this private content on Twitter knowing that it had been obtained without EEE 's knowledge or consent. 71. Doe 2 also published on Twitter private details about the relationship between SEINE and EE including the statement directed to IIE EE “2nd if you're performing oral sex on [INN in the back seat of his car make sure you tweet about it right away.” 72. All of Alana Pague's False Statements, Ana Pague's False Statements, Doe 1's False Statements, and Doe 2's False Statements (collectively, the “False Statements’) are false statements of fact. 73. Contrary to the False Statements, [EEE never abused, in any way, Alana Pague, Ana Pague, or [a 74. Contrary to the False Statements, [NNN never caused Alana Pague to seek refuge in a shelter for battered women. 75. — Contrary to the False Statements, [IEEE never cheated on Alana Pague with 76. Contrary to the False Statements, EE and I never threatened or harassed Alana Pague, Ana Pague, or Christine Aguilar, 77. Contrary to the False Statements, the Santa Clara District Attorney never overtly protected or sought to protect Alana Pague from [EE's supposedly abusive conduct. 78. Contrary to the False Statements, after February 2016, expressly prohibited Alana Pague from accessing his mobile phone. 79. Contrary to the False Statements, [IEEE is not a pathological liar. 80. Based on all of the above misconduct, J on¢ HII have been harmed, including by experiencing anxiety, shame, embarrassment, mortification, loss of reputation, insomnia, weight loss, and nightmares. Case No. 12 COMPLAINTROSENFELD KRONENBERGER wy 81. On information and belief, Defendants are conti] iev-nircgurie false statements about Plaintiffs and to invade Plaintiffs’ privacy. On information and belief, Defendants will not stop their pattern and practice of misconduct unless enjoined by the Court FIRST CLAIM FOR RELIEF (Defamation — Plaintiffs I and [NN Against All Defendants) 82. Plaintiffs repeat and incorporate by reference the allegations contained in Paragraphs 1 through 81 83. Defendants Alana Pague, Ana Pague, Doe 1, and Doe 2 spoke and/or published the False Statements to others, including to the world generally by posting the False Statements on Twitter and, on information and belief, third parties read these False Statements. 84. The False Statements are false assertions of fact in that they comprise provably false statements and/or imply false statements. 85. Contrary to the False Statements: EE never abused, in any way, Alana Pague, Ana Pague, or SII: III never caused Alana Pague to seek refuge in a shelter for battered women {EEE ever cheated on Alana Pague with ES 2: I 2" threatened or harassed Alana Pague, Ana Pague, or Christine Aguilar; the Santa Clara District Attorney never protected or sought to protect Alana Pague from supposedly abusive conduct; INN expressly prohibited Alana Pague from accessing his mobile phone email account and/or computer; and [EEE is not a pathological liar. 86. Defendants acted without any privilege in speaking and/or publishing the False Statements 87. Asa result of Defendants’ speaking or publication of the False Statements, (RS 2c BR brave suffered harm, including but not limited to, anxiety, shame, embarrassment, mortification, loss of reputation, insomnia, weight loss, and nightmares. Case No. 13 COMPLAINTROSENFELD KRONENBERGER GY SECOND CLAIM FOR RELIEF | 5Yyfoy-\)\-\urie a (Invasion of Privacy — Plaintiffs and I Against All Defendants) 88. Plaintiffs repeat and incorporate by reference the allegations contained in Paragraphs 1 through 81 89. After the end offs romantic relationship with Alana Pague, ER began a romantic relationship with i 90. In the course of their relationship, J sent [NINN personal text messages and photographs, which were intended solely for 91. [RR 2nd SE understood that their communications were private, and that expectation of privacy was reasonable. 92. Without the authorization or knowledge of J! or i, Alana Pague accessed EIIIMI's mobile phone and email account and/or computer and obtained personal text messages and photographs sent by J to [IN 93. On information and belief, Alana Pague provided those text messages and photographs, which she had stolen from [EEEEEEEE's mobile phone and email account and/or computer, to Ana Pague, Doe 2, and others. 94. In July 2016, and on several occasions, Ana Pague published on Twitter the private text message and photograph that [EE had sent to iy which had been stolen by Alana Pague. 95. In July 2016, Doe 1 published on Twitter intimate details about private conversations between Alana Pague and [NNN about family planning and jij | | 96. In July 2016, and on several occasions, Doe 2 published on Twitter the private text message and photograph that [EEE bad sent to J which had been stolen by Alana Pague 97. Moreover, during the course of their relationship, Ja 27 Case No, 14 COMPLAINTROSENFELD KRONENBERGER wy HE engaged in intimate activities, which they reasonably | Fen veiemuri a between the two of them. 98. On information and belief, without the knowledge of SE or HEE MBB Alana Pague and Ana Pague followed them on an evening out, and secretly took photographs and/or video of them, including at a wine bar. 99. On information and belief, without the knowledge of ES or HE HMMM Alana Pague and Ana Pague secretly took photographs and/or video of HE anc MEE engaged in intimate activities inside the car of 100. Alana Pague then threatened to distribute the private photographs and/or video to's friends, family, and colleagues unless he paid Alana Pague substantial sums of money. 101. In engaging in the above-described conduct, Defendants engaged in the tort of invasion of privacy based on intrusion into private affairs because they penetrated a zone of privacy regarding a private conversation or matter of 8 orc HB in a manner highly offensive to a reasonable person. 102. In engaging in the above-described conduct, Defendants engaged in the tort of invasion of privacy based on the publication of private facts because they publicly disclosed private details and communications about i's and I's romantic relationship, in a manner that would be offensive and objectionable to a reasonable person, and where the disclosed matters are not of any legitimate public concer, 103. As a result of Defendants’ conduct, J! 270 [I have suffered harm, including but not limited to, anxiety, shame, embarrassment, mortification, loss of reputation, insomnia, weight loss, and nightmares. THIRD CLAIM FOR RELIEF ff [EN Against Defendant (Violation of Bane Act, Civil Code §52.1 — PI Alana Pague) 104. Plaintiffs repeat and incorporate by reference the allegations contained in Case No. 15 COMPLAINTROSENFELD KRONENBERGER GY Paragraphs 1 through 81 Poa AN Cae a old 105. In June 2016, while INN and Alana Pague were eating a pizza dinner at the Mountain View Apartment, Alana Pague showed signs of inebriation. 106. While they were eating dinner, Alana Pague became angry with Ill EM anc demanded money and threatened to abduct J! f ZINN did not pay her. 107. Alana Pague’s anger continued to flare, and she began yelling at I HB enc appeared irate. 108. Thereafter, Alana Pague held up a steak knife toward IM in 2 threatening gesture. 109. While Alana Pague was approximately six feet away when she threatened EEE with the steak knife, she had the apparent ability to attack JN with the knife with a few steps and in a matter of seconds. 110. MEE reasonably feared for his safety and immediately left the Mountain View Apartment. 111. By threatening I with a steak knife, while also threatening to distribute [INEEN's private photographs and/or video, demanding i money, and threatening to abduct INN, Alana Pague interfered with and attempted to interfere With IEEE right to be free from bodily harm, personal insult, and injury to personal relations in violation of Civil Code §43. 112. By threatening IEEE with a steak knife, while also threatening to distribute [E's private photographs and/or video, demanding i s money, and threatening to abduct NN, Alana Pague interfered with and attempted to interfere with III's right to be free from extortion in violation of Penal Code §518, et seq. 113. By threatening I with a steak knife, while also threatening to distribute EEEEEE's private photographs and/or video, demandinn money, and threatening to abduct [EE Alana Pague interfered with and attempted Case No, 16 COMPLAINT1 | to interfere with |EEEEEEE's right to be free from unautt NRCC phone and unauthorized use of data obtained from his mobile phone in violation of Penal Code §502. 114. As a result of Alana Pague’s threats, (IEE reasonably feared that violence would be committed against him and that Alana Pague had the ability to carry 2 3 4 5 6 | out her threats. 7 115. With her threats, Alana Pague intentionally interfered with and attempted to 8 | interfere with by threat, intimidation, and coercion EEE s exercise and enjoyment 9 | of rights secured by the laws of California. Alana Pague engaged in this misconduct 0 knowingly, intentionally, willfully, and maliciously with the intent of harming i : 1 116. As a result of Alana Pague's conduct, EEE has suffered harm, : 12 | including but not limited to, anxiety, shame, embarrassment, mortification, loss of ° 13 | reputation, insomnia, weight loss, and nightmares : 14 FOURTH CLAIM FOR RELIEF “ 15 | (Civil Extortion — Plaintiff] Against Defendants Alana Pague and Ana = 16 Pague) z 7 117. Plaintiffs repeat and incorporate by reference the allegations contained in = 48 | Paragraphs 1 through 81. 2° 49 118. Beginning in mid-2015, and continuing through mid-2016, Alana Pague repeatedly threatened [EEN that if he did not pay her large sums of money, she 21 | would abduct their sonlEEE Also during this time period, Ana Pague repeatedly 22 | threatened [EEE that if he did allow her to live in the Mountain View Apartment, 23 | she would abduct [EM and/or falsely report to the police that [NN had 24 | abused her. 25 119. In mid-2016, Alana Pague repeatedly threatened EEN that if he did Gy 5s 8 26 | not pay her large sums of money, she would distribute private photographs and/or video 27 | of TE with HE 0 BEE s friends, family, and colleagues. 28 120. As a direct result of Alana Pague and Ana Pague’s threats, i | Case No. 47 COMPLAINTROSENFELD KRONENBERGER GY prepared and signed a letter under duress, whereby he ag |-(ta/\\Fecme ya Nel) $3,000 per month 121. In making the above-described threats to IEEE Alana Pague and Ana Pague sought to obtain money or property from J. with [i's consent induced by the use of force or fear, including the threat to unlawfully abduct their son and the threat to distribute private details and photographs of [EEE to his friends, family, and colleagues. 422. As a result of Alana Pague and Ana Pague's extortionate threats, Ill HB has been harmed. FIFTH CLAIM FOR RELIEF (Unauthorized Access to Computer Systems, Penal Code §502 - Plaintiff A HE sgainst Defendant Alana Pague) 123. Plaintiffs repeat and incorporate by reference the allegations contained in Paragraphs 1 through 81. 124. When [REM ended his romantic relationship with Alana Pague in February 2016, he expressly told her that she was no longer permitted to use his mobile phone or access its contents. 125. After the end of NENs romantic relationship with Alana Pague, HE 2920 2 romantic relationship with 126. In the course of their relationship, EN sent [I personal text messages and photographs, which were intended solely for [I 127. [EE 20¢ EY understood that their communications were private, and that expectation of privacy was reasonable. 128. Without the authorization or knowledge of [ES or Alana Pague accessed [E's mobile phone and email account and/or computer and obtained personal text messages and photographs sent by [IN to I 129. On information and belief, Alana Pague provided those text messages and Case No, 18 COMPLAINTROSENFELD KRONENBERGER wy CCC emul Remove Watermark N and/or computer to Ana Pague, Doe 2, and others. 130. Alana Pague also informed [IEEE that she had obtained his private mobile phone contents and that she would distribute those contents to N's friends, family, and colleagues unless he paid her large sums of money. 131. In engaging in the above-described conduct, Alana Pague knowingly accessed and, without permission, used [E's mobile phone and email account and/or computer and the data contained therein, including to wrongfully obtain money ‘a 132. As a result of Alana Pague’s unauthorized access tof 's mobile phone and email account and/or computer EEE as been harmed SIXTH CLAIM FOR RELIEF (Intentional infliction of Emotional Distress — Plaintiff, Against All Defendants) 133. Plaintiffs repeat and incorporate by reference the allegations contained in Paragraphs 1 through 81. 134. Alana Pague repeatedly threatened to abduct [ENNEN's son unless [ER 2c her large sums of money. 135. Alana Pague accessed |EN's mobile phone and email account and/or computer without his knowledge or consent and obtained private messages between TE onc 136. Alana Pague threatened to distribute [EEENEEN's private messages and photographs unless paid her large sums of money. 137. On information and belief, Alana Pague followed [onc I Hililand secretly took photographs or video of them engaging in intimate activities. 138. Alana Pague in fact abducted M's son after submitted a police report regarding Alana Pague's threatening conduct. Alana Pague kept [IE's son away from him for 20 days, until she was ordered by the Court to Case No. 19 COMPLAINTROSENFELD KRONENBERGER wy return [Eo HM Alana Pague stole Er AN CCIE abduction 139. On information and belief, Alana Pague coordinated with Ana Pague, Doe 1, and Doe 2 in engaging in the above-described misconduct. 440. Ana Pague, Doe 1, and Doe 2 published numerous false and disparaging statements about [EEE on Twitter, which had no relevance to any issue of public concerns. 141. Upon information and belief, Defendants engaged in the above-described conduct intentionally with a goal of harming i 142. Defendants’ above-described conduct constitutes extreme and outrageous conduct undertaken for the sole purpose of causing emotional distress tol 143. As a result of Defendants’ above-described conduct, EIN suffered harm, including but not limited to, anxiety, shame, embarrassment, mortification, loss of reputation, insomnia, weight loss, and nightmares. 144. [EEEEENMMs extreme emotional distress was proximately caused by Defendants’ outrageous conduct PRAYER FOR RELIEF WHEREFORE, Plaintiffs JS 2nd SII respectfully request that the Court enter judgment in favor of Plaintiffs and against Defendants and award the following relief to Plaintiffs and against Defendants: 1, Apermanent injunction prohibiting Defendants from: a) contacting Plaintiffs, b) harassing Plaintiffs, and c) publishing false statements about Plaintiffs; 2. A preliminary and permanent injunction requiring Defendants to retum to Plaintiffs: a) all photographs and videos Defendants have of Plaintiffs, and b) all communications sent between Plaintiffs to which neither Defendant was a party; 3. Compensatory damages in an amount to be proved at trial Case No. 20 COMPLAINTROSENFELD KRONENBERGER GY Statutory damages pursuant to Civil Code §§52) iro eels) Exemplary damages pursuant to Civil Code §329 Plaintiff EEE s attorney's fees pursuant to Civil Code §§52, 52.1 and Penal Code §502(e)(2); The costs of the suit; Interest on the sum of the compensatory and exemplary damages; and Such other relief as the Court may deem proper. Respectfully Submitted, DATED: June 30, 2017 Case No. By: Jeffrey M. Ros@hfeld KRONENBERGER ROSENFELD, LLP. in for Plaintiffs A and 21 COMPLAINTROSENFELD KRONENBERGER GY REQUEST FOR JURY TRIAL uy) he Plaintiffs hereby demand a trial of this action by jury. Respectfully Submitted, DATED: June 30, 2017 KRONENBERGER ROSENFELD, LLP By: Jeffrey M. Rosdhfeld aman for Plaintitts i and Case No. 22 COMPLAINT