Judge Denies a Motion to Dismiss Alex Nieto Case! Procedural victory for the Nieto Family!
In October 2015, after the discovery phase of the pre-trial proceedings closed, the City and County of San Francisco requested that the complaint filed by the Refugio and Elvira Nieto for the wrongful death of their child be dismissed for lack of evidence. This filing is called a “Motion for Summary Judgement.” A hearing was set for November 4th, 2015 at which Judge Nathaniel Cousins would determine whether based on the face value of the evidence presented by the parties, he would grant or deny the motion. After reading additional filings by both parties, the judge DENIED the motion because the evidence produced by the City & County of San Francisco (DEFENDANT) was so contradictory to evidence presented by the Nieto family (PLAINTIFF) that only a jury could decide the case after considering all the evidence. This was a procedural victory for the Nieto Family! The start of trial was then set for Tuesday March 1st, 2016.
Below please find links to the filings submitted by the Offices of John Burris in response to the Motion for Summary Judgement and the City’s memorandum in support of their motion.
For a Summary of the Evidence and conflicting version of events, please see Alex’s Story.