Damages Lawsuit by El Llano
El Llano, S.A.
C. 01042-2012-00139
Summary
This is a commercial summary lawsuit. El Llano, S.A. sued Lisa, S.A. for damages, alleging that Lisa’s acts as a shareholder—including use of a sworn statement and related litigation—caused harm to the company and justified Lisa’s exclusion as a shareholder. Lisa denied responsibility and raised several preliminary exceptions, arguing the lawsuit was procedurally defective and premature.
Decisions
Whether Lisa’s preliminary exceptions (incompetence, defective claim, lack of standing, prescription, caducity, and lack of fulfillment of conditions to exercise the right to claim) should bar the damages lawsuit.
As a result, the court upheld the exception of “failure to meet the condition,” considering that Lisa’s exclusion as a shareholder was not yet final, which rendered the damages claim premature. Consequently, the proceedings were terminated without analyzing the exceptions of prescription and caducity.
The damages claim by El Llano against Lisa was dismissed as premature and the case was archived. El Llano was ordered to pay costs.
Conclusion
The court dismissed El Llano’s damages lawsuit against Lisa, S.A. on procedural grounds, finding the claim was premature because Lisa’s exclusion as shareholder was not final. This outcome protected Lisa from liability and closed the case.