Damages Lawsuit by Sistemas y Equipos
Sistemas y Equipos, S.A.
C. 01161-2012-00206
Summary
This is a commercial summary lawsuit. Sistemas y Equipos, S.A. sued Lisa, S.A. for damages, alleging harm from lawsuits, a false sworn statement, and discrediting campaigns. Lisa denied liability and raised preliminary exceptions. The trial court ruled that damages could not be pursued until Lisa's exclusion was final. Later, BDT Investments Inc. was admitted as a third-party co-defendant supporting Lisa. The case remains pending but with significant procedural victories for Lisa and BDT.
Decisions
Whether Lisa’s preliminary exceptions barred the damages claim by Sistemas y Equipos, S.A.
The court upheld the objection for non-fulfillment of the condition, as Lisa’s exclusion was not yet final.
The damages claim was suspended until Lisa’s exclusion becomes final. Costs were imposed on Sistemas y Equipos.
Whether BDT Investments Inc. could intervene in the lawsuit as third-party co-defendant.
BDT was admitted based on its shareholder interest derived from its transaction with Lisa.
BDT formally joined Lisa’s defense in the case.
Conclusion
The court has so far ruled that Sistemas y Equipos cannot yet claim damages against Lisa until the exclusion case is definitively resolved. Lisa succeeded in blocking the damages claim on this ground. Later, BDT Investments was admitted as co-defendant to reinforce Lisa’s defense. The lawsuit therefore remains pending, but with significant procedural victories for Lisa and BDT.