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Leo M. LaRocca (SBN 115014)
NIVEN & SMITH, LLP
275 Battery Street, Suite 1120
ELECTRONICALLY
3 San Francisco, CA 94111-3383
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Telephone: 415-981-5451 FILED
Superior Court of California,
Facsimile: 415-433-5439 County of San Francisco
Email: leotmnivensmith,corn
02/14/2023
5'ttorneys for Plaintiff MAVEN COMMERCIAL, INC., Clerk of the Court
BY: JEFFREY FLORES
6 SANTINO DeROSE, JACOB BROWN Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
(Unlimited Jurisdiction)
CGC-23-604672
MAVEN COMMERCIAL, INC., No.
SANTINO DeROSE, JACOB BROWN,
COMPLAINT FOR DAMAGES FOR LIBEL,
12 Plaintiffs, TEMPORARY RESTRAINING ORDER, AND
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FOR A PRELIMINARY AND PERMANENT
13 IN JUNCTION
tll DAVID PEARCE, and DOES 1 to 10, inclusive,
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Defendants.
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A Plaintiffs MAVEN COMMERCIAL, INC., SANTINO DeROSE and JACOB BROWN (sometimes
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hereinafter collectively referred to as "Plaintiffs" ) allege as follows:
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1. At all times herein mentioned, Plaintiff MAVEN COMMERCIAL, INC. ("MAVEN") was a
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corporation duly existing under and by virtue of the laws of the State of California and was a California
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I licensed real estate broker. At all times herein mentioned, MAVEN was doing business in the greater
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San Francisco Bay Area as a real estate broker representing clients in the purchase, sale, leasing and
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'anagement of commercial, industrial and multi-unit residential properties.
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2. At all times herein mentioned, Plaintiff SANTINO DeROSE ("DeROSE") was a licensed
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California real estate broker in good standing. DeROSE is the current President of and designated
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broker officer for MAVEN. As the President and designated officer for MAVEN, DeROSE oversees the
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operations of a company whose clients include, among others, large private and publically traded
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corporations, non-profit entities, and individual owners of multi-unit commercial and residential
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COMPLAINT FOR DAMAGES FOR LIBEL, TEMPORARY RESTRAINING ORDER,
AND FOR A PRELIMINARY AND PERMANENT INJUNCTION
1
properties. MAVEN and DeROSE's professional integrity and reputation is recognized to be of the
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I highest order in the San Francisco greater bay area's commercial real estate leasing, sales and
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management communities.
3. At all times herein mentioned, Plaintiff JACOB BROWN (" BROWN" ) is a California
5, licensed real estate associate in good standing. BROWN, as the director of the real property
management division of MAVEN, doing business as John J. Dito 8 Son, real property management
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("JJD Management" ) actively manages over one and one-half million square feet of commercial retail
space and over 1,000 residential doors ("apartments") located throughout the greater San Francisco
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Bay Area. At all times herein mentioned, through his employment with MAVEN, as hereinafter alleged,
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BROWN has maintained an excellent reputation in his occupation as a licensed real estate associate
providing trustworthy, honest and hardworking management service for his clients as it pertains to his
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JJ 0 management responsibilities at MAVEN.
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4. At all times herein mentioned, Defendant DAVID PEARCE ("PEARCE") was a resident
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of the City and County of San Francisco, State of California.
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8 5. Plaintiffs are ignorant of the true names and capacities of defendants sued herein as
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) N DOES 1 to 10, inclusive, and therefore sue these defendants by such fictitious names. Plaintiffs will
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amend this Complaint to allege their true names and capacities once ascertained. Plaintiffs are
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informed and believe, and therefore allege, that each of the fictitiously named defendant is responsible
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in some manner for the occurrences herein alleged, and that Plaintiffs'amages as herein alleged were
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proximately caused by their conduct.
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6. Defendants PEARCE and DOES 1 to 10, inclusive, at all times herein mentioned ere
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the agents and employees of their co-defendants, DOES 1 to 5 and in doing the things hereinafter
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alleged were acting within the course and scope of such agency and the permission and consent of
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their co-defendants.
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COMPLAINT FOR DAMAGES FOR LIBEL, TEMPORARY RESTRAINING ORDER,
AND FOR A PRELIMINARY AND PERMANENT INJUNCTION
1
FIRST CAUSE OF ACTION
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(Libel)
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7. Plaintiffs incorporate herein as if fully set forth and makes a part hereof as if fully set
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forth herein Paragraphs 1 through 8 inclusive of the Complaint.
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8. On or about January 24, 2023, Defendants, and each of them, posted on the Instagram
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digital website platform (the "Post" ) a photograph of a roof of the building identified in the Post as "730
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Broadway SF" (the "Photograph" ) with the following references directly underneath the Photograph:
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¹San Francisco ¹Maven Properties ¹jjd management "Maven Properties JDD-
9 Management ¹Santino Derose ¹Jacob Brown ¹roof leaks ¹negligence
¹Chinatown" (hereinafter "Language" )
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9. The Photograph, coupled with the Language found directly below the Photograph is
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defamatory because it was understood by those who saw it in a way which defamed Defendants in that
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tz it referenced MAVEN, JJD Management, DeROSE and BROWN as negligent in their alleged
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management of the building identified as 730 Broadway; that MAVEN, DeROSE and BROWN
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improperly and negligently placed plastic on the roof of 730 Broadway as a means to address a roof
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leak at 730 Broadway. Those individuals who saw the Post understood the Post in a way which
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defamed Plaintiffs.
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10. This Post was seen and read in California by the persons, corporations and non-profit
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organizations seeking to retain the real estate services of MAVEN, DeROSE and BROWN to lease,
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manage, operate and sell their real estate holdings.
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11. The entire Post is false as it pertains to Plaintiffs in that Plaintiffs: (i) did not place plastic
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on the roof the Building as a means to stop a "roof leak" or for any other reason; and (ii) did not perform
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negligently as it pertains to any aspect of the operations of the Building or any other building under
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MAVEN, DeROSE and BROWN's management or control.
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12. This Post is libelous on its face because it tends to injure Plaintiffs in the occupation as
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California licensed real estate agents. The Post refers to Plaintiffs regarding their management of real
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property such as the Building as "negligent"; that Plaintiffs'epair "roof leaks" by throwing pieces of
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plastic over portions of the roofs of those buildings under Plaintiffs'anagement and control as
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COMPLAINT FOR DAMAGES FOR LIBEL, TEMPORARY RESTRAINING ORDER,
AND FOR A PRELIMINARY AND PERMANENT INJUNCTION
1
licensed California real estate brokers and associates.
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13. As a proximate result of the above-described publication, Plaintiffs have suffered loss of
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their business reputation, shame and notification, all to their general damage in excess of $ 2,000,000.
14. The above-described publication was published by Defendant with malice and
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oppression and/or fraud. As a result, Plaintiffs seek an award of punitive damages.
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WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, as
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hereinafter set forth.
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SECOND CAUSE OF ACTION
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(Preliminary and Permanent Injunctions)
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Plaintiffs complained of Defendants, and each of them, and as for a Second Cause of Action
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allege as follows.
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r 15. Plaintiffs incorporate herein as if fully set forth and makes a part hereof as
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forth herein Paragraphs 1 through 14 inclusive of the Complaint on file herein.
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16. Defendants'rongful conduct, as herein alleged, unless and until enjoined, will cause
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great and irreparable damage to Plaintiffs in that as the Post remains published on the Instagram
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internet platform, said defamatory statements set forth in the Post will be read and seen by more
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individuals, corporations and non-profit entities, and as a result will result in significant damage to the
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reputation of Plaintiffs.
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17. On or about January 26, 2023, Plaintiffs demanded that Defendant PEARCE take down
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or otherwise remove the Post from all social media and other internet platforms and/or sites. Defendant
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PEARCE has refused and continues to refuse to remove the Post from all internet platforms.
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WHEREFORE, Plaintiff prays judgment against Defendants, and each of them, as follows:
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1. For an order requiring Defendants to show cause, if any they have, why they should not
be enjoined as set forth in this Complaint during the pendency of this action.
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2. For a temporary restraining order, a preliminary injunction, and a permanent injunction
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all ordering and otherwise requiring Defendants, and each of them, and their agents, servants and
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COMPLAINT FOR DAMAGES FOR LIBEL, TEMPORARY RESTRAINING ORDER,
AND FOR A PRELIMINARY AND PERMANENT INJDNCTION
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employees, and all persons acting under, in concert with or for them. to take down and otherwise
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remove from the instagram and all other internet platforms the Post;
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3. For general damages in an amount in excess of $ 2,000,000
4. For special damages according to proof;
5. For punitive damages;
6. For costs of suit incurred herein; and
7. For such other and further relief as the Court may deem proper.
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Dated: February ~l, 2022 NIVEN
By:
LEO LaROCCA
12 Attorneys for Plaintiffs MAVEN COMMERCIAL, INC.,
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Pl SANTINO DeROSE, JACOB BROWN
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COMPLAINT FOR DAMAGES FOR LIBEL, TEMPORARY RESTRAINING ORDER,
AND FOR A PRELIMINARY AND PERMANENT INJUNCTION
