Order: Court dismissed damages claim by Pollo Rey

On February 28, 2014, the Ninth Civil Court of First Instance of Guatemala dismissed the damages claim filed by Pollo Rey, S.A. against Lisa, S.A. The court upheld one of Lisa’s preliminary objections—lack of fulfillment of a required legal condition—finding that Lisa’s exclusion as a shareholder had not become final and was still under judicial challenge. The court emphasized that damages claims based on such an exclusion must wait until the exclusion is definitively upheld under Article 227 of the Commercial Code.

The court rejected Lisa’s other defenses, including claims of defective pleading, lack of standing, prescription, and expiration. It found that the lawsuit met the formal requirements of the Civil Procedure Code and that Lisa had standing to respond to the claim. As a result, the only successful objection was that the exclusion was still being contested, rendering the damages claim premature. Pollo Rey, S.A. was ordered to pay legal costs.