Counterclaim Lawsuit by Lisa, S.A.
Lisa, S.A.
C. 01161-2011-01079
Summary
This lawsuit corresponds to the counterclaim (reconvención) filed by Lisa, S.A. within Expediente No. 01046-2012-00201, where Administradora de Restaurantes, S.A. (successor of Compañía Importadora La Perla, S.A.) had sued Lisa for damages. In response, Lisa filed a counterclaim for damages, arguing that the lawsuit itself was abusive, violated its shareholder rights, and caused harm to the company.
Decisions
Whether Lisa’s counterclaim for damages against La Perla/Administradora was procedurally valid; whether Lisa’s preliminary exceptions (incompetence, defective claim, lis pendens, lack of standing, prescription) could prevent the counterclaim from being admitted.
The court rejected the preliminary exceptions and admitted Lisa’s counterclaim to proceed. It found that the reconvención met the legal requirements for processing.
Lisa’s damages counterclaim continues toward the evidentiary stage. La Perla/Administradora must now respond on the merits. Costs were imposed on Administradora for the incident.
Conclusion
This lawsuit records Lisa’s counterclaim within Exp. 01046-2012-00201. The Eleventh Civil Court dismissed procedural objections and allowed Lisa’s damages counterclaim against La Perla/Administradora to continue. The case remains ongoing and will proceed to trial on the merits of Lisa’s claim.