Order: Court dismissed damages claim by El Llano

On January 29, 2020, the Tenth Civil Court of First Instance in Guatemala dismissed the damages lawsuit filed by El Llano, S.A. against Lisa, S.A. The court upheld a preliminary objection from Lisa, S.A., ruling that the legal condition to sue—final exclusion of Lisa as a shareholder—had not yet been met. Since a related opposition process was still pending before another court, the judge concluded that the damages claim was premature.

The court did not analyze the remaining defenses, including objections for prescription and declared the process closed. While the court rejected Lisa’s objections regarding jurisdiction, defective pleading, and lack of standing, El Llano was ordered to pay legal costs due to the early termination of the case.