Pena v. Valley Sandia, Ltd.

OPINION

DORSEY, Justice.

Valley Sandia, Ltd., sued Jose Luis Pena for breach of lease, rents due under the lease, and foreclosure of its landlord’s lien. Pena answered with a general denial and Valley Sandia moved for summary judgment. Pena timely responded and, the day before the scheduled hearing on the motion for summary judgment was held, Pena amended his pleading and asserted a counterclaim against Valley Sandia. The trial judge granted a summary judgment on November 10, 1994, giving Valley Sandia all the relief it sought, including a “Mother Hubbard” clause.

The parties then continued the…