Order: Court dismissed damages claim by Reproductores and Villalobos

On January 26, 2021, the Thirteenth Civil Court of First Instance of Guatemala dismissed the ordinary damages lawsuit filed by Reproductores Avícolas, S.A. and Avícola Villalobos, S.A. against Lisa, S.A. The judge ruled in favor of two preliminary objections raised by Lisa, S.A.: that the complaint was procedurally defective and that the claims were prescribed under Article 1673 of the Civil Code, which sets a one-year statute of limitations.

The court found that the plaintiffs failed to attach key documents supporting their claims and used the incorrect procedural channel, ignoring a clause in the company’s founding charter requiring summary proceedings. It also concluded that the plaintiffs were aware of the facts behind the alleged harm as early as April 4, 2011, meaning the deadline to sue had passed by the time the case was filed. As a result, the plaintiffs were ordered to pay court costs.