SAN DIEGO (FOX 5/KUSI) — A San Diego Superior Court judge has dismissed a sexual harassment lawsuit against former county supervisor Nathan Fletcher, ruling that the plaintiff destroyed evidence that could have harmed her case.
Judge Matthew Braner accused Grecia Figueroa, a former public relations specialist for the San Diego Metropolitan Transit System (MTS), of deleting private messages that were relevant to the civil case. Figueroaās attorney, Francis Flynn, argued the messages were lost due to an iPhone auto-delete function.
āI donāt think you or anyone understands all the various auto-delete things that happen with our phones,ā Flynn told the court.
Braner said Figueroa appeared to preserve only evidence that would help her case, an accusation she called ādisrespectful.ā
āI have sat through 25 hours of deposition, produced 10,000 messages between my friends and I, and turned over medical and personal records,ā Figueroa said in court. āNothing was deleted in an attempt to hide anything.ā
Figueroa sued Fletcher and MTS in 2023, alleging Fletcher sexually harassed and groped her on two occasions while she was at work. She also claimed MTS fired her in retaliation for making the accusations. Fletcher, a Marine veteran and then-MTS board chair, admitted to inappropriate behavior but denied assaulting or harassing her.
Last week, Braner dismissed MTS from the lawsuit, and on Thursday he dismissed Fletcher as well. Fletcherās attorney, Sam Sherman, said his client was āhappyā with the decision and has spent the past two years focusing on his family, sobriety and treatment for PTSD.
āWeāve maintained from day one that this case was built on a mountain of lies,ā Sherman said. āAll their interactions were consensual.ā
Figueroa said she plans to appeal. But San Diego defense attorney Jan Ronis said appellate courts rarely overturn a judgeās factual findings and warned an appeal would be costly.
Fletcher has filed a separate defamation lawsuit against Figueroa, which his attorney said they will continue to pursue.
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