chevron_leftDamages and Losses Lawsuit - Guatemala

Summary

This is an ordinary civil lawsuit. Inversiones Empresariales, S.A. sued Lisa, S.A. seeking damages, alleging that Lisa orchestrated a defamatory campaign through publications, media, and international litigation that caused harm to the company. Lisa denied liability and raised several preliminary exceptions: incompetence, defective claim, lack of standing of both plaintiff and defendant, and prescription.

Decisions

Second Civil Court of First Instance
November 10th, 2014
Issues

Whether Lisa’s preliminary exceptions should bar Inversiones Empresariales’ damages lawsuit.

Ruling

The court upheld the objection of prescription, finding that the facts dated back more than a decade and that the one-year term under Article 1673 of the Civil Code had expired.

Effect

Inversiones Empresariales’ damages claim was dismissed as time-barred. Lisa was shielded from liability.

Order|Second Civil Court • November 10th, 2014

Conclusion

The court dismissed Inversiones Empresariales’ damages lawsuit against Lisa, S.A., holding that the claim was prescribed because the alleged defamatory acts occurred more than one year before the lawsuit was filed. This ruling ended the case in Lisa’s favor.