SAN DIEGO — Former San Diego County Supervisor Nathan Fletcher is pushing for over $10,000 in legal penalties against the former MTS employee who accused him of sexual assault, arguing that she has failed to produce evidence requested by his lawyers in the ongoing lawsuit.
In new court motions filed on Thursday, Fletcher called for the fine on the grounds that a request he submitted during the discovery process for all written communications between himself and his accuser, Grecia Figueroa, has been improperly delayed.
According to court documents, the communications — including texts, direct messages on social media and emails — were first asked for in a set of written requests sent to Figueroa’s legal team on June 20.
His team sought the messages for his defense, the motion says, believing it would provide additional context to screenshots of messages included in Figueroa’s initial complaint and affirm his recounting of their interactions as “consensual.”
Responses from Figueroa’s counsel were sent to Fletcher on July 24 — the request’s due date — stating that she would not produce certain elements of the request because it was “premature” and overbroad. She instead committed to hand over “responsive, non-privileged documents” in her possession to the extent that they were “relevant to the action.”
While Fletcher’s attorneys argue that the responses’ premise does not comply with civil litigation code, a motion to compel disclosure of the communications filed on Aug. 10 alleges that the documents Figueroa agreed to provide still have not been produced.
” … even a casual glance at the Complaint’s quotations/screenshots reveals that Plaintiff and Mr. Fletcher were engaged in a larger dialogue, in which Plaintiff was an active participant,” the motion reads. “Given that numerous responsive documents are incorporated into her First Amended Complaint, there is no reasonable justification for her delay.”
“Mr. Fletcher has a right to discovery, and the Court should grant his motion to compel discovery responses because (Figueroa’s) failure to respond to discovery is without substantial justification,” Fletcher’s attorney, Danielle Moore, wrote in a supplemental filing.
As a result of the delay, Fletcher is demanding $10,720 in legal fees from Figueroa to cover costs incurred in the filing of the motion.
His attorneys have also filed a subpoena to Meta Platforms, Inc. to produce some of the communication mentioned in the complaints, court records show. Figueroa’s attorneys objected to the subpoena on the grounds that it was too vague.
In an emailed statement to FOX 5, Figueroa’s attorneys said that the motion was an “attempt at gamesmanship” by Fletcher.
“We are working with defense to produce the documents requested. We can’t produce anything until a protective order is in place,” the statement continued.
FOX 5 also reached out to Fletcher’s attorneys for comment, but they have yet to respond to the request.
Figueroa’s lawsuit was first made public on Mar. 29, several days after Fletcher announced he would be suspending his campaign for State Senate to enter in-patient treatment for alcohol abuse and post-traumatic stress.
The nearly 30-page complaint detailed at least two alleged instances of sexual assault by the supervisor in his role as chairman of the MTS Board of Directors. MTS was also named as a defendant in the case.
According to the filing, Figueroa was also abruptly fired from the agency on Feb. 6 — the same day that Fletcher announced his campaign for the California State Senate. She alleges that her termination was at the behest of Fletcher.
In an amended complaint filed on July 14, Figueroa added further claims that she was offered a $10,000 “severance” by the transit authority’s human resources department the day after she was fired.
The payment was allegedly put forward on the condition that she release “all known and unknown claims against MTS and Fletcher” and never speak about the payment. She did not accept the offer, the complaint says.
Fletcher resigned from his position in May amid the allegations. While he denies the accusations, he has admitted to engaging in what he describes as “consensual” encounters with Figueroa.
The recent motions go on to say that Fletcher knows about the truth of his interactions with the former MTS employee and is eager to clear his name of legal wrongdoing.
A discovery hearing for the case has been scheduled for Oct. 27 at 9 a.m. Fletcher’s filings can be found below.
Moore’s “Notice of Motion and Motion to Compel Plaintiff’s Response To Request For Production of Documents” submitted on behalf of Fletcher:
“Memorandum of Points and Authorities” in support of motion for documents:
“Declaration of Danielle Hultenius Moore In Support of Defendant Nathan Fletcher’s Motion”: