Order

The Twelfth Pluripersonal Civil Court of First Instance of the Department of Guatemala issues a procedural order acknowledging receipt of a filing (memorial 1808-25) in Case 01162-2011-01095, the summary commercial proceeding for opposition to exclusion of shareholder brought by Compraventa de Productos Alimenticios, S.A. against Lisa, S.A. After reviewing the procedural record, the court confirms that the case file was transferred by accumulation to Case 01041-2011-00110 pursuant to a resolution issued by the Seventh Civil Court of First Instance on September 19, 2017, and has remained at that court since November 24, 2017.

Ruling

• The court acknowledges receipt of memorial 1808-25
• It takes note of the electronic mailbox designated for notifications
• It orders the immediate forwarding to the Seventh Civil Court of First Instance of the memorial, certifications 664-19, 1717-19, 2318-19, 3025-21, and 912-23, their respective resolutions, and notification certificates

Procedural Context

This summary proceeding is part of the pattern of actions initiated by Avícola Villalobos Group entities to exclude Lisa, S.A. as a shareholder. The accumulation to a separate case file reflects the complexity and multiplicity of proceedings linked to Lisa's exclusion from the group's companies. Previously, Compraventa de Productos Alimenticios, S.A. attempted to accumulate this case to another shareholder exclusion proceeding pending before the Fourteenth Civil Court, but the Third Chamber of the Court of Appeals revoked that accumulation, a decision upheld on amparo by the Supreme Court of Justice and confirmed on appeal by the Constitutional Court on October 17, 2018.

Legal Basis

• Articles 2, 4, 12, 28, 29, 203, 204 of the Constitution of the Republic of Guatemala — constitutional basis for due process and the administration of justice
• Articles 25, 26, 28, 29, 31, 44, 45, 50, 51, 61–64, 66–68, 70–73, 75, 79, and 544 of the Code of Civil and Commercial Procedure — procedural rules governing case management and accumulation of proceedings
• Article 1039 of the Commercial Code of Guatemala — provisions applicable to summary commercial proceedings
• Articles 15, 16, 51, 57, 68, 141–143 of the Judiciary Act — jurisdictional competence and organization

Signatories

• Silvia Patricia Morales Requena, Judge
• Fredi Alexander Saenz de la Cruz, Clerk