Christopher Maher, Alice Echo-News Journal
The attorney for Alice Mayor Grace Saenz-Lopez filed an amended denial in her civil lawsuit Friday, and asked again that the case be thrown out of district court.
The court filing reiterates a general denial that was filed on Jan. 8, and lists several special exceptions for which the attorney, Homero Canales, believes the case should be dismissed.
Canales included in those exceptions that the lawsuit, "fails to provide fair notice to the defendant, fails to assert a cognizable claim," and that the lawsuit fails to list the amount of damages sought.
Canales' filing to the court Friday was submitted under the heading "Plaintiff's first original amended general denial."
Canales represents the defendant in the case, Saenz-Lopez.
The lawsuit against the mayor was filed in the 79th District Court on Dec. 13, 2007 by Rodolfo "Rudy" Gutierrez and Shelly Gutierrez, who alleged they purchased a full-breed Shih Tzu named "Puddles" in July of that year and asked the mayor to watch the dog while they were on vacation.
While they were on vacation, the mayor told the family the dog had died.
In October, the family learned the dog was still alive and had been kept by Saenz-Lopez, who renamed the dog "Panchito."
The mayor has alleged the family was abusing the animal and has refused to return it to the Gutierrez family. The Gutierrez family has denied those allegations of abuse. A hearing has been scheduled on the case before District Judge Richard Terrell on Feb. 4.