Order: Court dismissed damages claim by Los Abetos

On June 13, 2014, the Ninth Civil Court of First Instance of Guatemala dismissed the damages claim filed by Los Abetos, S.A. against Lisa, S.A. The court upheld only one of Lisa’s preliminary objections: that the lawsuit was premature because Lisa’s exclusion as a shareholder was still being challenged and had not become final. Citing Article 227 of the Commercial Code, the judge ruled that the legal condition for a damages claim had not yet been satisfied.

The court rejected Lisa’s remaining objections, including those based on defective pleading, lack of standing, prescription, and expiration. It emphasized that while the exclusion was under litigation, any damages claim based on it could not proceed. As a result, Los Abetos, S.A. was ordered to pay court costs.