ENCINITAS, Calif. (KGTV) -- The San Diego Sheriff's Office is investigating an incident involving Phil Graham , a candidate to represent the 76th district in the California Assembly. Niki Burgan filed the battery case with the Sheriff's Office Sunday, May 20. She accuses Graham of forcibly kissing her at an Encinitas Bar. Burgan told 10News that it happened at 1st Street Bar on S. Coast Hwy 101 on the evening of Sunday, May 13, into the early morning of Monday, May 14 as the bar was closing. She said that Graham had initially been flirting, even mentioning that he was running for office and asked whether she would vote for him. After finding out that he was a Republican candidate she said, no she was a Democrat. At some point, she says his talk turned into aggression and Graham grabbed her hair, pulled her in, and started to kiss her. She said she had to push him off. Burgan also said she remembers that Graham had so much to drink that night that she had to help him sign his tab. The next morning Burgan says she learned that he was related to former Governor Pete Wilson and she was worried about repercussions. That's why she didn't file right charges right away. According to Burgan, Gloria Allred, a high-profile attorney, is gotten involved. But at this time, Allred has not officially taken the case.