The lawsuit contends that the ad falsely claims that an appellate court found Brigg’s conduct “possibly criminal” in a 2016 legal action. The ad first appeared on the social media network on Oct. 20.
The suit, which was filed in Superior Court, seeks $1 million in punitive damages. Briggs also filed a complaint with the state bar association.
Former District Attorney Paul Pfingst, who is representing Briggs, wrote to Facebook on Wednesday demanding that the ad be taken down. However, the ads continue to appears on the social network.
The Elliott campaign has accused Briggs of a having a “long history of filing frivolous lawsuits” against the city of San Diego and other entities and personally profiting from them.
“The truth is that Cory Briggs’ misconduct was called ‘unethical and possibly criminal’ by a three-judge panel and Facebook is still running the ad because it’s true,” said Dan Rottenstreich, a spokesman for the Elliott campaign. “The only outstanding question in this election is whether Cory Briggs will try to sue the voters after he loses.”