In a hearing Thursday, a judge ordered Grecia Figueroa to preserve all potential evidence on her electronic devices in her sexual assault lawsuit against former San Diego County Supervisor Nathan Fletcher.
Figueroa is also looking for a new lawyer, her third one on the case.
Why it matters
Figueroa, a former spokesperson for the Metropolitan Transit System, sued Fletcher last year alleging that he stalked her on social media in 2021 and sexually assaulted her twice. Fletcher resigned, and San Diego City Councilwoman Monica Montgomery Steppe won his seat in a special election.
But Figueroa's case is ongoing. In a hearing Thursday, Fletcher’s lawyer Sean McKaveney sought to recover messages between Figueroa and Fletcher that he said were flirtatious. He also wants Figueroa to turn over messages between her and her friends. He claimed the communications will exonerate Fletcher of sexual harassment and said Figueroa is either deleting or concealing them.
“Plaintiff has acknowledged in sworn discovery that she recorded her messages with Mr. Fletcher and as of that date of that recording, there are certain messages visible in the recording she later admitted to un-sending these messages,” McKaveney said.
He added that each time Figueroa's lawyers are on the "cusp" of handing over the communications, they are separated from the case.
Figueroa isn’t giving interviews. Her former attorneys said she never admitted destroying evidence in the case.
On Thursday, Figueroa promised to abide by San Diego Superior Court Judge Matthew Brainer's temporary restraining order against removing messages from her phone. Brainer asked her if there was a problem with turning over messages from her friend as part of discovery.
“The documents are with communications with my friend and counselor,” Figueroa responded. ”So I need to see, because I think that communications are privileged. So we have to go through that.”
Fletcher’s lawyer was skeptical.
“This is a friend she has traveled to Peru with, that she has had pool parties with,” McKaveney said.
By the numbers
Figueroa alleged in a complaint that her ex-employer, Metropolitan Transit System, offered her $10,000 to not pursue claims against Fletcher or MTS.
The allegation was detailed in an amended complaint filed last June in Figueroa's ongoing lawsuit, which alleges the former supervisor and MTS chair groped her and sexually harassed her by pursuing a sexual relationship with her for months.
An independent investigation released in January by MTS found Fletcher had no involvement in Figueroa's firing.
Looking ahead
The judge has given Figueroa time to find a new attorney. She parted ways with her second set of lawyers last week.
She declined to state why other than to say they separated amicably.
