Claim of Procedural Abuse by Alimentos para Animales
Alimentos para Animales, S.A.
C. 01165-2021-01490
Summary
This is a summary civil lawsuit for abuse of right and damages filed by Alimentos para Animales, S.A. against Lisa, S.A., alleging that Lisa’s February 2, 2018 criminal complaint constituted an abusive exercise of rights. The trial court rejected the claim; the appellate court affirmed; and the Supreme Court later dismissed the cassation, leaving the dismissal final.
Decisions
Whether Lisa committed abuse of right by filing a criminal complaint, and whether damages and costs should be awarded.
The court upheld Lisa’s peremptory defenses (including lack of elements of abuse of right and lack of standing of both parties), rejected Lisa’s peremptory exception of prescription, dismissed the abuse-of-right, damages and costs claim, and condemned Alimentos para Animales, S.A. to pay costs.
Abuse-of-right summary claim was dismissed; plaintiff was ordered to pay costs.
Appeal by Alimentos para Animales, S.A. seeking reversal and a finding of abuse of right with damages against Lisa.
The appellate court found no abuse of right and confirmed the trial judgment in full; the appeal was denied.
Appeal denied; trial judgment confirmed.
Cassation filed in case 01002-2023-00841 against the appellate decision.
The Supreme Court dismissed the cassation; the appellate court later took note of this dismissal in a March 18, 2025 order.
Cassation dismissed; appellate judgment stands final.
Conclusion
Lisa, S.A. prevailed at every stage. The Fifteenth Multi-Judge First Instance Civil Court dismissed the abuse-of-right claim and awarded costs against the plaintiff; the Fifth Civil and Commercial Court of Appeals denied the appeal and confirmed the judgment; and the Supreme Court, Civil Chamber, dismissed the cassation. The dismissal of the claim is final.