Orti said: "We have taken out a suit against Benitez because he did not complete his contract."
Benitez is said to be unperturbed by the actions of his former employers and it is rumoured that he could indeed launch a counter-claim for £1.6m believed to be owed to him in salery and bonus payments.
Benitez's agent Manuel Garcia Quilon expects both parties to settle their differences amicably outside of the spotlight of a high-profile court case.
Quilon said: "Rafael Benitez is aware of the claim made by Valencia. He is very calm about it. He's hoping that this matter will be resolved in an amicable way."