Order: Court denied objections filed by La Perla

On May 12, 2023, the Eleventh Civil Court of First Instance rejected seven preliminary exceptions raised by Compañía Importadora La Perla, S.A. (now Administradora de Restaurantes, S.A.) in response to Lisa, S.A.’s counterclaim for damages. The exceptions included allegations of lack of jurisdiction, defective filing, litispendence, lack of legal standing (both active and passive), lack of representation, and prescription. The court reviewed each of these procedural defenses and found none to be legally or factually supported.

The judge concluded that Lisa had properly stated its claims and provided supporting documentation in compliance with Guatemalan civil procedure. The court found that La Perla failed to prove that there was a pending identical lawsuit (litispendence), that the damages action was time-barred (prescription), or that its representatives lacked authority. As a result, the court denied all objections and ordered La Perla to pay procedural costs. The case will proceed to the evidentiary phase.