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Plaintiff Attorney Alleges Malicious Prosecution by Defendants Over Baseless Lawsuit

NORTHERN CALIFORNIA RECORD

Thursday, March 6, 2025

Plaintiff Attorney Alleges Malicious Prosecution by Defendants Over Baseless Lawsuit

State Court
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Superior Court of California - County of San Francisco | Official website

A California attorney has taken legal action against several individuals, accusing them of malicious prosecution in a case that allegedly lacked any legal basis. Benjamin C. Graves filed the complaint on February 19, 2025, in the Superior Court of California, County of San Francisco, against Andrew Vento Gabriel and Edward Novak.

According to the complaint, between April 29, 2022, and February 14, 2025, the defendants were involved in initiating or continuing a lawsuit against Graves that was purportedly without legal merit. The plaintiff claims that Gabriel and Novak pursued their allegations without attempting to substantiate them or considering credible evidence of probable cause. "The litigation was initiated with malice," states the complaint, which further alleges that no reasonable person in the defendants' position would have believed there was a valid reason to bring such a lawsuit against Graves.

Graves asserts that the lawsuit ended in his favor and accuses the defendants of acting primarily for purposes other than succeeding on the merits of their claim. As a result of this alleged malicious prosecution, Graves claims he suffered harm due to the defendants' actions being a substantial factor in causing his injuries.

In seeking judgment from the court, Graves requests general damages as well as special damages amounting to no less than $171,000. Additionally, he seeks punitive damages and prejudgment interest at the legal rate. The plaintiff also asks for reasonable attorneys’ fees according to proof and costs incurred during the suit. Furthermore, Graves is requesting any other relief deemed proper by the court.

Representing himself through his law office located in Corte Madera, CA, Benjamin C. Graves is both plaintiff and attorney in this case. The case is filed under Case No.: 816037 at the Superior Court of California in San Francisco County.

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