Order: Court rejected objections in suit by Avícola Villalobos

Issued on:July 26, 2024
Issued by:Seventh Civil Court
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Overview

On July 26, 2024, the Seventh Civil Court of First Instance in Guatemala denied two procedural objections filed by Lisa, S.A. in a civil lawsuit brought by Avícola Villalobos, S.A. The suit alleges that Lisa committed abuse of rights when it filed a criminal complaint in 2013, even though it had already been excluded as a shareholder. Lisa claimed that the lawsuit was defective and unfounded, arguing that Avícola had not specified any real damage and that the legal theory used in the complaint was incorrect.

The court found that both objections—defective claim and lack of legal condition—concerned the substance of the case and should be addressed at trial, not through preliminary motions. It ruled that Avícola Villalobos' complaint met all formal requirements and that Lisa’s claims must be evaluated in the main proceeding. The court also ordered Lisa to pay the procedural costs of the incident. The decision clears the way for the abuse of rights lawsuit to move forward.