Damages Lawsuit by Sistemas y Equipos
C. 01161-2012-00206 • Eleventh Civil Court • Guatemala
Damages Lawsuit by Sistemas y Equipos
This is a commercial summary lawsuit. Sistemas y Equipos, S.A. and its related company Inversiones Torre Nova, 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. More recently, Torre Nova challenged Lisa’s counterclaim, but the court rejected its preliminary objections. 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.
Court suspended damages claim by 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.
Admits BDT’s intervention as third-party with legitimate interest
Whether Lisa, S.A. lacked valid legal representation and whether its counterclaim for damages was premature or conditional.
The court held that Lisa’s 1999 power of attorney was valid and effective, and that the damages claimed were current harms caused by Torre Nova’s abusive litigation. The counterclaim could not be excluded through a preliminary objection.
The court rejected the preliminary objections filed by Inversiones Torre Nova against Lisa’s counterclaim.
Whether Lisa’s power of attorney was valid and whether its counterclaim for damages and expenses was subject to a condition.
Lisa argued that its 1999 mandate was valid and that the damages claimed were present and must be resolved in the final judgment, not excluded by preliminary objection. Lisa requested confirmation of the appealed order and an award of appellate costs against Torre Nova.
Lisa requested confirmation of the March 5, 2025 order rejecting Torre Nova’s preliminary objections.
Requests confirmation of order upholding counterclaim
Conclusion
The court has ruled that Sistemas y Equipos and its related company, Inversiones Torre Nova, cannot yet claim damages against Lisa until the exclusion case is definitively resolved. Lisa succeeded in blocking the damages claim on this ground and later defeated Torre Nova’s preliminary objections to its counterclaim. Subsequently, BDT Investments was admitted as a third-party co-defendant, strengthening Lisa’s defense. The case therefore remains pending but with significant procedural victories for Lisa and BDT.