Damages Lawsuit by Los Abetos
Los Abetos, S.A.
C. 01043-2012-00193
Summary
This is a commercial summary lawsuit. Los Abetos, S.A. sued Lisa, S.A. for damages, alleging that Lisa caused harm through litigation and a sworn statement used in shareholder disputes. Lisa denied liability and filed several preliminary exceptions, arguing that the claim was procedurally defective, time-barred, and premature because Lisa’s exclusion as shareholder was still under judicial challenge.
Decisions
Whether Lisa’s preliminary exceptions barred the damages claim.
The court upheld the objection for non-fulfillment of the condition, as the claim was premature since Lisa’s exclusion was not yet final, and ordered Los Abetos to pay costs.
The damages lawsuit could not proceed because it was premature; Lisa remained protected from liability.
Both parties appealed: Lisa challenged the rejection of its other exceptions, and Los Abetos contested the granting of the “lack of fulfillment of condition” exception.
The appellate court confirmed the trial court’s decision, with modification only on costs (each party bore its own). It held that the damages claim was indeed premature while Lisa’s exclusion remained under judicial opposition.
The damages claim stayed dismissed; Lisa was shielded from liability. Each side paid its own costs.
Conclusion
Both the trial and appellate courts dismissed Los Abetos’ damages lawsuit against Lisa, S.A. as premature, since Lisa’s exclusion as shareholder was not final. The rulings ensured that Lisa could not be held liable until the legality of its exclusion was determined.