SAN DIEGO — A judge today denied a summary judgment motion from former San Diego County Supervisor Nathan Fletcher, which would have ended a lawsuit brought by the woman accusing him of sexual harassment.
The lawsuit filed by former Metropolitan Transit System public relations specialist Grecia Figueroa will proceed. However, Figueroa recently dropped some of the more flagrant causes of action, including claims of sexual assault and battery.
Her lawsuit still contains claims of sexual harassment, intentional infliction of emotional distress and intentional interference with prospective economic relations.
San Diego Superior Court Judge Matthew Braner confirmed his tentative rulings issued Thursday that denied Fletcher’s motion for summary judgment on the remaining claims.
Braner also granted a motion brought by Figueroa to quash subpoenas served on her former attorney related to text message communications between Figueroa and her friend, Danielle Radin.
While some of those messages have been publicly revealed in court documents, Fletcher’s attorneys say there may be other messages that will establish Figueroa’s relationship with Fletcher was entirely consensual.
Fletcher’s team has also claimed Figueroa has deleted messages relevant to the case.
In his written ruling, Braner said the issue of consent should be determined by a jury.
“… The dispute ultimately goes to the weight of the evidence and determinations of credibility, which are fundamentally jury questions, and not issues upon which a summary judgment motion can or should be decided,” the judge wrote.
The case was slated to go to trial next month, but that trial date has been vacated, and a new trial date has not yet been set.
Less than two months after Fletcher announced a state Senate bid, he ended his campaign, stating that he would seek treatment for post-traumatic stress and alcohol abuse.
Figueroa’s lawsuit soon followed, leading to Fletcher’s resignation from the county Board of Supervisors and MTS Board.
While Fletcher has acknowledged an improper relationship with Figueroa, he has claimed all interactions between the pair were consensual, with his attorneys pointing to a series of messages between Fletcher and Figueroa spanning more than a year that they allege shows a consensual relationship.
Figueroa’s lawsuit is also ongoing against MTS, which she alleged fired her because of Fletcher’s position as chair of the MTS Board of Directors.
Fletcher later responded to the litigation by filing a defamation countersuit against Figueroa, which remains ongoing.
