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On November 10, 2014, the Second Civil Court of First Instance upheld Lisa, S.A.'s prescription exception and dismissed the ordinary damages lawsuit brought by Inversiones Empresariales, S.A., ordering the plaintiff to pay costs.
Exp. 01041-2012-00224 · Ordinary Civil Damages Lawsuit
On November 10, 2014, the Second Civil Court of First Instance upheld Lisa, S.A.'s prescription exception and dismissed the ordinary damages lawsuit brought by Inversiones Empresariales, S.A., ordering the plaintiff to pay costs.
Inversiones Empresariales, S.A. sued Lisa, S.A. in an ordinary civil proceeding before Guatemala's Second Civil Court of First Instance, seeking Q8,810,769.80 in damages for an alleged defamation campaign carried out over thirteen years. Lisa raised preliminary exceptions for incompetence, defective complaint, lack of standing, and prescription. The court rejected the first three exceptions but upheld the prescription defense, finding that the plaintiff's own complaint acknowledged the alleged acts spanned more than thirteen years, far exceeding the one-year statute of limitations under Article 1673 of the Civil Code. The damages claim was dismissed and Inversiones Empresariales was ordered to pay costs.
Inversiones Empresariales, S.A. filed an ordinary damages lawsuit on March 13, 2012, before the Second Civil Court of First Instance, Case No. 01041-2012-00224, seeking Q8,810,769.80 in damages. The plaintiff alleged that Lisa carried out a defamation campaign through publications, paid advertisements, press conferences, radio programs, and judicial actions abroad.
Lisa, S.A. raised five preliminary exceptions: incompetence, defective complaint, lack of standing of the defendant, lack of standing of the plaintiff, and prescription. Inversiones Empresariales was notified of the hearing but failed to appear.
The court rejected the first four exceptions. On incompetence, it found that Lisa is incorporated in Guatemala notwithstanding that the testimonial declaration was made abroad. On the defective complaint, it determined the pleading met the requirements of Article 106 of the Code of Civil and Commercial Procedure. On lack of standing, it confirmed both parties' capacity to act under Article 51 of the same code.
The prescription exception proved decisive. Article 1673 of the Civil Code provides a one-year statute of limitations for damages claims. The plaintiff's own complaint acknowledged that Lisa carried out the alleged campaign "over the last thirteen years," and the documentary evidence offered dated from 2000 to 2008. The court concluded that the statute of limitations had long expired by the time the lawsuit was filed on March 13, 2012.
The prescription exception was upheld, the damages claim was dismissed, and the plaintiff was ordered to pay costs.
Inversiones Empresariales' failure to appear at the exceptions hearing, combined with the admission in its own complaint that the alleged acts spanned more than a decade, left the plaintiff without a defense against the prescription argument. The outcome strengthened Lisa, S.A.'s position by eliminating a damages claim of significant magnitude.
| Date | Document | Issued by |
|---|---|---|
| Nov 10 2014 | Order | 2nd Civil Court |
The case is definitively resolved in favor of Lisa, S.A. No claims remain pending.