Jan 03, 2025
The accuser in the scandal that led Nathan Fletcher to resign from public office has broadly pared back her bombshell lawsuit from nearly two years ago, withdrawing claims that she was sexually assaulted and battered by the former San Diego County supervisor while proceeding with sexual harassment allegations. Grecia Figueroa, a former San Diego Metropolitan Transit System public relations specialist who was fired the same day Fletcher announced a campaign for the California Senate, also is no longer accusing Fletcher of gender violence, discrimination and retaliation. The dismissals — several of which were filed without prejudice, meaning they technically could be reasserted — were included in a flurry of recent documents submitted to the court in advance of a jury trial set for next month and a key hearing next week. They were first reported by Voice of San Diego. Sam Sherman, one of the lawyers defending Fletcher, called the filings “a major retreat by the plaintiff.” “It’s an acknowledgment by her that our evidence is overwhelming,” Sherman said in a telephone interview Friday. “If she thought she could beat the motion for summary judgment, she certainly would not have dismissed them.” Figueroa told The San Diego Union-Tribune that she is pursuing claims of sexual harassment, intentional infliction of emotional distress and job interference and is ready to go to trial, which is now scheduled for Feb. 7. Court records show the retaliation and other claims remain pending against MTS, whose board of directors Fletcher chaired at the time. Figueroa says she was wrongly fired to protect him, a claim the agency rejected. A critical hearing is scheduled for Friday, when a Superior Court judge is expected to rule on Fletcher’s motion for summary judgment — a pretrial request that the case be ended in his favor. Recent court filings also show Figueroa raising a new allegation: She says she felt a weapon strapped to Fletcher’s leg as he pressed himself against her during an unwanted advance in MTS offices in 2022. “I asked him why he had a gun, and he said something to the effect of ‘so I can take it out any time and shoot anyone at any time if I need to,’” she wrote to the court. “I was afraid, anxious and nervous, and exited the conference room.” Sherman did not dispute that his client routinely kept a firearm inside his boot — he had been the subject of multiple death threats, and someone had previously set his house on fire. But the defense attorney said that there was never any attempt to intimidate or scare Figueroa, and that text messages she and his client exchanged after the encounter showed she did not fear for her safety. According to Figueroa’s court declaration, she told a friend at MTS that Fletcher offered to pay her $200,000 to avoid a lawsuit. “He tried giving me $200k to keep quiet,” she told her MTS colleague in a text message just before the lawsuit was filed. “Don’t tell anyone at MTS about this btw.” Sherman called the allegation “categorically false.” In her declaration, Figueroa also said the anxiety she faced from dealing with Fletcher as part of her duties as an MTS public relations specialist prompted her to contemplate suicide. She said she sought help from a crisis hotline and is still seeking treatment. “Since my termination, I have continued to treat for my emotional distress related to Mr. Fletcher through therapy,” she wrote. “I am still suffering extreme emotional distress based on Mr. Fletcher’s actions and my termination from MTS.” The litigation was revealed in March 2023, days after Fletcher abandoned a campaign for state Senate. Fletcher, then representing District Four on the county Board of Supervisors, announced in a Sunday night social media post that he was stepping away to seek treatment for alcohol abuse and post-traumatic stress related to his prior U.S. Marine Corps service. But in the lawsuit filed soon thereafter, Figueroa accused Fletcher of sexual assault, battery, discrimination and a host of other claims. Two members of his staff resigned. Constituents and public officials began calling for his resignation. Fletcher first resigned from the MTS board and vacated his seat on the Board of Supervisors about six weeks later. Even as Fletcher acknowledged behaving badly and engaging in an inappropriate relationship outside of his marriage, he denied allegations that he had sexually assaulted, battered or harassed anyone. Early last year, his legal team disclosed a series of text messages he argued showed his relationship with Figueroa was consensual. He also sued Figueroa for defamation, a counterclaim that has been rolled into the existing legal dispute. The nearly 2-year-old case has generated hundreds of court filings and a slew of hearings since the initial allegations. Figueroa has been represented by at least four different lawyers since she filed her lawsuit. Fletcher has spent hundreds of thousands of dollars that had been donated to his Senate campaign on legal fees, state election disclosures show. Judge Matthew C. Braner could issue a tentative ruling on the Fletcher team’s motion for summary judgment as soon as Thursday. Even if Fletcher is removed as a defendant in the lawsuit, the claims against MTS will persist. Sherman said Friday that the defamation case will proceed even if the judge grants his dismissal motion. Also at issue at the hearing Friday are Fletcher’s claims that Figueroa withheld or deleted evidence requested as part of the legal process known as discovery, when both parties to a lawsuit are directed to turn over documents and other material in advance of trial.
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