Claim of Procedural Abuse by Avícola Villalobos
Avícola Villalobos, S.A.
C. 01048-2024-00297
Summary
This is an ordinary civil lawsuit. Avícola Villalobos, S.A. sued Lisa, S.A. for abuse of rights and damages, alleging that Lisa acted in bad faith by filing a criminal complaint after being excluded as a shareholder. Avícola claimed the complaint caused commercial harm and legal expenses. Lisa denied liability, arguing that it exercised its legitimate right to file complaints, that no abuse occurred, and that Avícola had not proven any damages.
Decisions
Whether Lisa’s preliminary exceptions (defective claim, lack of fulfillment of condition) barred Avícola’s lawsuit.
The court rejected both exceptions, holding that Avícola’s complaint met the formal requirements of the law and that issues of abuse of rights and damages must be resolved at trial.
The lawsuit proceeded; Lisa was ordered to pay costs of the incident.
Lisa appealed, insisting that Avícola’s claim was defective, lacked legal foundation, and that no abuse or damages were demonstrated.
The appellate court dismissed the appeal and confirmed the lower court’s ruling, holding that Avícola’s lawsuit met legal requirements and that Lisa’s objections must be addressed during trial on the merits. Costs were imposed on Lisa.
Avícola’s lawsuit for abuse of rights and damages continues toward the evidentiary stage.
Conclusion
Both the trial and appellate courts rejected Lisa’s preliminary defenses, allowing Avícola Villalobos’ lawsuit for abuse of rights and damages to proceed. The case remains ongoing and will advance to the evidentiary phase.