Legal

WWE Star Shad Gaspard's widow claims the Venice Beach lifeguards on duty the day her husband died left him to fend for himself ... and she wants L.A. and California to pay for her loss.

Siliana Gaspard filed a wrongful death suit ... alleging the lifeguards weren't up to snuff in protecting Shad from drowning, which she says happened on the government's watch.

In her docs, obtained by TMZ, Siliana claims there wasn't sufficient signage on Venice Beach the day Shad died to warn him of the dangers of strong currents with the potential to take him under.

Not only that, but she claims the lifeguard towers that day were significantly understaffed and the lifeguards negligently opted to only save their 10-year-old son ... and left Shad "in the water to die."

You'll recall ... Shad had apparently instructed lifeguards to focus on saving his son, but had gone under the surface when they returned for him.

He was missing for a few days before his body washed up onshore -- but he was, deservedly, hailed for his heroism and sacrifice to save his child.

It's interesting ... after the tragedy, Siliana praised the lifeguards and divers who attempted to save and locate Shad, saying ... "We’d like to once again thank the lifeguards, coastguard, divers, fire and police departments for their efforts."

Based on the lawsuit, it seems she's had a change of heart.

The parents of a Black teen falsely accused of stealing a white woman's phone say they dreaded the idea of having to tell him his race might've been the trigger ... but they did.

Jazz musician Keyon Harrold and his wife, Kat, joined us Monday on 'TMZ Live' after a disturbing episode at the Arlo Hotel in NYC this weekend ... where Keyon captured what many might consider a "Karen" insisting his 14-year-old had stolen her misplaced phone ... which was NOT true.

After she lunged at the boy and demanded a manager force him to give her his phone ... Keyon says her device was eventually returned by an Uber driver, who'd found it in his car. So, she was wrong after all -- and Keyon, at the time, said nobody offered an apology.

Fast-forward a couple days ... and it's clear the family is still rattled by an incident they say was likely fueled by racism. Keyon says he honestly doesn't know why the woman assumed his son, of all people, had her phone ... explaining he was dumbfounded in the moment.

The boy's mother, Kat, detailed the excruciating conversation she had after the fact when her son asked why he might've been singled out ... and her answering with the fact that his skin color possibly had something to do with it. It's gut-wrenching hearing her break it down.

Kenya Barris -- the creator of "Black-ish" and other spinoffs -- is asking a judge to step in to force his sister to keep her distance ... because he claims she's cashing in on his name, and threatening his kids.

The wildly successful writer, director, actor and TV producer just filed for a restraining order against Colette Barris -- his own sibling, who teaches professionally and also writes books -- because of fears Kenya has that she's going to harm his kids ... in one way or another.

In the docs, obtained by TMZ, Kenya documents years of alleged incidents in which he claims she piggybacked on his name and their familial relationship to hook herself up with opportunities in Hollywood. But, after failed attempts to get her own projects off the ground -- either because meetings went nowhere, or because Kenya refused to help her -- he claims he now worries that Colette will take out her anger against him on his six children.

Due to that, he's now asking a judge to enforce a court-ordered shield of protection -- even if temporarily -- so she has to stay away from him and his family and cease communication.

Kenya says he's had a rocky relationship with his sis for years, all because he claims she insists on cashing in on the family name and using him for her own prospects ... not to mention allegedly demanding he take care of her and their extended fam with cash.

Kenya describes several alleged episodes in which he says Colette has procured meetings with big shot studio executives to pitch TV show ideas of her own ... all under what Kenya calls false pretenses, using his name and fake support to cozy up and secure face time. In some instances, Kenya says things actually got rolling for her ... all because some execs felt pressure to help Colette due to pending projects with him.

There's also this ... Kenya alleges Colette recently sent him a legal demand letter, saying he MUST fund a movie project of hers in the amount of $4 million (based on a novel of hers). He also claims that she's told him if he doesn't do what she says ... she'd go public.

A bust of Breonna Taylor was vandalized, smashed into pieces, just 2 weeks after it was installed.

The statue graced an area of downtown Oakland, with the inscription, "Say Her Name Breonna Taylor."

The cops are now on the hunt for the vandal/vandals. Since it's in the downtown area there may be surveillance video that helps police find the culprit, but so far no one has been named a suspect.

The sculptor, Leo Carson, said he's starting a GoFundMe page to pay for the repairs.

Carson was furious, saying ..."This vandalism is an act of racist aggression, and it shows why sculpture and art matters," adding, "I made this sculpture to support the Black Lives Matter movement and while I'm overcome with rage and sadness at their cowardly act, their vandalism will make her even more potent."

Dr. Dre is warning his estranged wife ... the party's over when it comes to money, because he claims he's giving her way more now than she'll get when the divorce is final.

As we reported, Dre says he's been footing the bill for all Nicole Young's expenses, to the tune of $293,306 a month while the divorce winds its way through the courts.

TMZ broke the story ... Dre is hanging his hat on a prenup that says all of their property is separate, although she's entitled to spousal support if they divorce. Nicole claims Dre tore up the prenup shortly after their 1996 marriage, but he denies that.

Nicole has filed legal docs asking for $2 million a month in temporary spousal support.

Sources connected to Dre tell TMZ, the court-approved schedule establishing the factors in computing spousal support entitles Nicole to somewhere between $138,622 and $81,002 a month. As one source told TMZ, "Once this case is resolved and Dre discontinues his current practice of paying for all of her expenses, Nicole is going to have to learn to tighten that belt."

We've learned Dre has now filed a police report, claiming Nicole embezzled a total of $385,029 from one of Dre's companies. They further claim when Nicole was asked about it during her deposition, she took the 5th. Her lawyers have previously said she was entitled to the money.

Cardi B's legal beef with her ex-manager is finally over -- and she seems to be pretty dang pleased with the results.

The rapper settled the dispute between her and Shaft, her ex-manager, who sued her for $10 mil in 2018 ... claiming he discovered her, and that she left him out in the cold once she truly blew up after the success of her first megahit "Bodak Yellow."

Shaft claimed his team of writers/producers crafted that song for her, and not only that ... he alleged he put her on the path to mainstream fame by getting her on VH1's 'Love & Hip Hop' -- only to be denied proper payment when she secured millions thereafter.

Cardi, of course, countersued for $15 million ... claiming the contract she signed with him way back when was incredibly unfair and way too one-sided -- not to mention greedy in how much of a cut he was allegedly trying to collect from her (a 20% commission at first and then 50% off her Sony publishing deal later, she claimed). She also said that Shaft tried controlling almost every aspect of her life ... including whom she could date, like Offset.

Those lawsuits were working their way through the system for a while -- and Cardi was even making requests about how her upcoming deposition oughta be handled -- but in the end ... it appears both sides have reached a mutual agreement to sweep all this under the rug.

AllHipHop obtained docs showing the matter was dismissed with prejudice -- meaning neither party can refile about the same grievance again. They also agreed to cover their own attorneys' fees.

Usually, that means money's exchanged hands in some form -- but by the way Cardi's talking after news broke of her settlement ... it would appear she considers herself the victor.

Jamar Mackey says the Virginia Beach Police Department's apology for an embarrassing case of mistaken identity rings hollow ... and he wants big changes at the PD.

Jamar, the innocent man who was ripped from his family and handcuffed at a mall because he supposedly matched the description of an alleged credit card fraudster, tells TMZ ... police chief Paul Neudigate is just saying sorry because the incident got national attention.

His fiancée, Shantel Covil, says they want more than an on-camera apology ... they want new rules, laws and police reform ... and they want the officer fired.

The video shows the moment Jamar was yanked from his family while they were eating in a mall food court, with the officer immediately placing him in handcuffs and taking him outside in a humiliating perp walk. Cops finally admitted they had the wrong guy.

The Police Chief apologized a few days after the incident, once it started getting attention ... and while he said he wants to reach out to Jamar to hash things out, Jamar and Shantel tell us no one from the PD has followed through.

John B, Sarah, JJ and the rest of the gang from Netflix's "Outer Banks" aren't figments of the creators' imaginations -- they're ripped straight off the pages of an existing novel ... so claims the novelist in a new lawsuit.

A man named Kevin Wooten has sued the streaming giant as well as 'OB' creators Shannon Burke and Jonas and Joshua Pate ... claiming the whole lot ripped off the plot of his book, "Pennywise: The Hunt for Blackbeard’s Treasure!" almost beat for beat.

In his suit, obtained by TMZ, Wooten says in 2016 he published his book, which documents the story of 4 young adults who stumble upon a local legend who leads them to buried treasure from a fabled shipwreck along the outer banks of North Carolina.

Wooten says he sold a bunch of copies, including hard copies in the city of Wilmington ... where he claims the Pate brothers spent a significant amount of time, and where they've publicly said they got the inspiration for their new hit show.

That's no coincidence ... according to Wooten, who claims it's likely the Pates stumbled across his novel and used it as the basis for "Outer Banks." KW alleges there's striking similarities you just can't deny ... right down to the structure and characters.

Wooten claims the archetypes of his protagonists and those of the show are almost identical, and so are the villains -- namely, a rich benefactor and a corrupt cop. He also says the plot is virtually the same ... including clues they find and places it leads them to.

Wooten wants damages, but also wants to see a title card in credits reading, "Story by Kevin Wooten, based upon the novel Pennywise: The Hunt for Blackbeard’s Treasure!"

One of the ritziest, most exclusive celeb joints in L.A. is secretly inviting people to an in-person New Year's Eve party, asking them to keep it on the low ... but to also spread the word.

The restaurant in question La Scala, and it's their Bev Hills location that's doing this "speakeasy" thing. They've apparently been slipping invites in to-go orders for a NYE dine-in event ... and they're being cutesy with it by slugging it as a '20s-era Prohibition blowout.

An invite of theirs was recently posted online, which reads ... "We are considering taking reservations for New Year's Eve Dinner. Inside. If this is something you'd be interested in, please let us know as soon as possible."

The message goes on ... "If enough interest we'll contact you back to secure your reservation. Please keep this discreet, but tell all your friends." So ... not a secret at all.

La Scala's plans are on the radar of Beverly Hills city officials -- who are issuing a harsh rebuke, but not much else at this point in the way of threats to shut this thing down.

The official rep for the City of Beverly Hills says, "We understand this is an incredibly difficult time for all of our businesses, however the County Order does currently prohibit indoor and outdoor dining, including in the City of Beverly Hills." Cool ... but is that it???

Time will tell if La Scala is able to move forward with their shindig -- you'd imagine cops would step in and try to stop it -- but at this point ... it could fall into a grey area, like so many of these lockdown measures we've seen defied this year, including around L.A.

BTW, La Scala is one of these legacy restaurants in Hollywood ... it's been around since forever, and some of the most famous faces in history have stopped by for a meal or two. People like Frank Sinatra, Cher, David Geffen, Khloe Kardashian, Lamar Odom, Barbara Walters and so many more have visited ... until recently, that is.

Tekashi 6ix9ine spent another Christmas without his daughter ... and this time he can't blame it on being locked up, his baby mama says it was all his fault.

Sara Molina, Tekashi's baby mama, tells TMZ ... she chose not to allow Tekashi to see their child this Christmas because he's been completely out of the picture, despite promising to get back in 5-year-old Saraiyah's life.

6ix9ine's baby mama says he told her back in August he wanted to create a genuine relationship with Saraiyah and was going to be more involved and present ... but Sara says it never happened.

Sara claims Tekashi told her he would support her financially and help with their daughter's expenses ... but she says it turned out to be an empty promise.

69's baby mama even says she gave him an "open door" policy where he could come see Saraiyah whenever and wherever he wanted ... but even that didn't pan out. Sara says early September was the last time Tekashi sent any money or saw his daughter.

What's more, Sara claims Tekashi missed his daughter's 5th birthday back in October, and she says he didn't send a present or even place a phone call. Sara says it was really offensive ... she felt it was the one day he could have really redeemed himself.

It's kinda sad ... Sara says her daughter wasn't even fazed by 6ix9ine's absence on her birthday, and she says the kid recently began referring to Tekashi as a "friend" ... even though the girl knows he's the father.

Shia LaBeouf is in terrible shape and needs inpatient treatment for addiction and psychological issues ... and not just inpatient treatment ... but longterm treatment.

Shia's lawyer, Shawn Holley, tells TMZ, "Shia needs help and he knows that." Holley, who first told Variety about Shia's intentions, adds, “We are actively seeking the kind of meaningful, intensive, long-term inpatient treatment that he desperately needs."

This isn't happening in a vacuum. This comes shortly after ex-GF FKA Twigs sued him for physical, emotional and mental abuse.

She claims Shia once tried to strangle her after slamming her against a car. She says there were other incidents of violence ... she says he once pulled out a gun and told her he had killed stray dogs in the past because he wanted to know what it felt like to take a life.

Shia, who has struggled with addiction for years, had his name removed recently from a Netflix awards consideration page.

Dr. Dre has just laid out the prenup his wife does not acknowledge ... a prenup that literally put up a financial wall between them at the beginning of their marriage.

According to the prenup, which was filed with the court and obtained by TMZ, all property they acquired from the beginning of the 1996 marriage is separate -- what he acquires is his, and what Nicole Young acquires is hers.

The prenup also says Nicole does not waive her right to spousal support. That means even if the prenup holds up in court, Nicole can get a hefty monthly sum.

As for that monthly sum, Nicole is asking the court for $2 million a month in spousal support. But, in these new legal docs, Dre's lawyer, disso queen Laura Wasser, says Dre has voluntarily paid all of Nicole's expenses since they split. The docs say he pays for the Malibu estate where she's staying, security and when she wants cash, a messenger delivers it. Dre says $2 mil a month is ridiculous. His CPA filed a declaration saying her actual monthly expenses total $293,306.

As for Nicole's lawyers asking for $5 million in attorney's fees, Dre is calling BS, saying he's already voluntarily paid nearly a million dollars in Nicole's lawyer's fees, and he adds the divorce wasn't even filed until June. Nicole's lawyers also have sent Dre's lawyer a letter saying they're owed another $1.5 mil to date ... something Dre says is ridiculous. According to the docs, Dre has paid Nicole's lawyers more than his own lawyers.

As for Nicole's claims of emotional and physical abuse, Dre squarely denies all of them.

Britney Spears' got a jump on gift giving this year as she got in some quality time with her kids before Christmas Day ... TMZ has learned.

The singer spent a few hours on both Monday and Tuesday with Jayden and Sean ... according to our sources. No word on how their gift exchange went down, but can't imagine the boys left empty-handed. For her part, we're told Brit was thrilled to have the time with them.

We're told Jayden and Sean returned back to their dad Kevin Federline's home afterward -- and they'll be with him for Christmas Eve and Christmas Day. Last year, it was Britney's turn to have the kiddos to herself on the 24th.

Of course, Kevin has primary custody of both children ... Britney cares for them about 30 percent of the time -- something that's been in place for a while now. While many wondered if her #FreeBritney saga would affect visitation ... we've learned it hasn't, and the boys are seeing their mom as regularly as they always have.

In the meantime ... Britney and her dad, Jamie, are still locked in a court battle over her conservatorship. She's made it clear she wants him to step down and hand over the reins.

Lori Loughlin is spending her final week in prison, counting the days till she's released -- while her husband, Mossimo Giannulli is still quarantined because of a COVID outbreak.

Sources with direct knowledge tell TMZ, Lori will NOT get out for Xmas. We're told that was never the expectation. Her release date is December 28. We're told Lori has not been particularly engaged with other prisoners, but she's not unfriendly either. As it was put to us, "She's keeping her head down and doing everything to avoid trouble."

Because of COVID, Lori can't have visitors, but she is able to email her daughters and other family members, but not her husband. As for her state of mind -- as one source put it, "She's holding it together."

As for Mossimo, we're told he was quarantined when he entered prison on November 19, which is protocol. The prison quarantines all new inmates for 14 days. Thing is ... we're told one of the people in Mossimo's pod tested positive for coronavirus, so the quarantine has been extended. He's had no contact with his family since entering the facility for his 5-month sentence.

As for Lori, she'll leave the Federal Correctional Institution in Dublin, CA next Monday ... at least, that's the plan.

Some Texas cops are getting sued over a simple traffic stop that turned into 2 completely outrageous arrests in what, on video, appears to be a disgusting abuse of power.

This Keller PD body cam footage shows Sgt. Blake Shimanek pulling over Dillon Puente for allegedly making a wide right turn. That's it. But, watch the video, Shimanek immediately escalated things by ordering Dillion out of his car. Why? Because he had rolled up his window. Shimanek said to him, "Why are you acting so suspicious?"

Next thing ya know ... Dillon's getting handcuffed and his father, Marco Puente, happened to drive by and witness this. The concerned parent pulled over and stood on the sidewalk across the street recording his son's arrest with his phone.

This clearly pissed off Shimanek, who ordered another officer to go arrest Marco ... allegedly for interfering with an arrest. Eventually, Shimanek and the other cop end up wrestling Marco to the ground, grabbing at his phone, and pepper spraying him.

They cuffed Marco and arrested him ... while Dillon had to pay a ticket for the wide right turn just to get released from jail.

Marco filed a lawsuit last week against the officers for the August 15 arrest -- he alleges they denied him medical attention for nearly 20 minutes after he was pepper sprayed.

Shimanek's already been demoted by Keller PD which conducted an internal investigation and found his conduct was unbecoming of an officer ... and his use of force was "inappropriate."

"The Real Housewives of Potomac" reunion special got real when Monique Samuels accused Pastor Jamal Bryant of having an inappropriate relationship ... and she's not backing down, despite his threat to sue her.

ICYMI ... Monique threw major shade at the pastor last week on part 1 of the special -- claiming she had proof he was involved with a woman in his congregation while dating Gizelle Bryant. She even put his phone number on blast.

Jamal fired back at Monique with a cease and desist letter -- obtained by TMZ -- accusing her of "maliciously spreading inaccurate and unfounded information" on TV that defames him ... and claiming dropping his phone digits puts him in danger.

According to Bryant's letter ... he plans to sue her if he doesn't get a quick response assuring she's stopped making false statements.

Monique responded all right -- her lawyer sent the pastor a letter doubling down on her comments about him on the reunion special, saying she "has irrefutable proof of your egregious sexual conduct with a woman you have been seeing for the past eight years, as well as others."

Further, the letter refutes Pastor Bryant's claim the phone number did him harm ... because Bravo edited it out before the reunion show aired.

But wait, there's more. Monique's husband, former NFL lineman Chris Samuels, is also firing back at Pastor Bryant with a cease and desist letter of his own.

Samuels claims Bryant has been spreading lies and disparaging remarks about him on social media ... claiming he's abusive to Monique because he has CTE, that he cheated on her and verbally assaulted another woman.