Damages Lawsuit by Avícola Villalobos
Avícola Villalobos, S.A.
C. 01163-2012-00178
Summary
This is an ordinary civil lawsuit. Avícola Villalobos, S.A. sued Lisa, S.A. for damages, alleging that Lisa abused its shareholder rights by filing lawsuits, amparos, and criminal complaints in Guatemala and abroad to obstruct Villalobos’s operations. Lisa denied liability, arguing that Villalobos’s claim was abusive and that its own actions were lawful responses to Villalobos’s wrongful withholding of dividends and information.
Decisions
Whether Lisa was liable for damages caused by its legal actions and shareholder conduct.
The court dismissed Villalobos’s lawsuit in its entirety, upholding Lisa’s defenses, including lack of evidence of damages and failure of the claim. Costs were imposed on Villalobos.
The damages lawsuit against Lisa was rejected at trial.
Villalobos sought clarification and extension of the July 2023 judgment, claiming omissions and contradictions.
The court denied both requests, confirming the original judgment as clear and complete.
The dismissal of the lawsuit stood unaltered.
Villalobos appealed, arguing that the trial court erred in upholding Lisa’s defenses and rejecting damages.
The appellate court confirmed the trial judgment, holding that Villalobos failed to prove damages or abuse of rights.
The rejection of Villalobos’s lawsuit became final at the appellate level.
Avícola Villalobos filed a cassation appeal challenging the appellate court’s ruling that dismissed its damages lawsuit. It alleged misapplication of law and erroneous assessment of evidence.
The cassation was admitted for processing by the Supreme Court.
The case advanced to cassation review.
Lisa filed its written opposition to Villalobos’s cassation appeal.
- The damages alleged were nonexistent or self-inflicted by Villalobos.
- Its litigation and amparo filings were legitimate shareholder defenses.
- Villalobos had wrongfully withheld over $5.48 million in annual dividends since 1999.
- International rulings, such as the 2008 Bermuda judgment, confirmed fraudulent practices tied to Villalobos-linked entities.
Lisa’s arguments were incorporated into the cassation record. The case remained pending before the Supreme Court.
Conclusion
Avícola Villalobos’s damages lawsuit against Lisa, S.A. was rejected at every stage so far: trial (July 2023) and appeal (July 2024). Lisa’s defenses prevailed, confirming that Villalobos failed to prove damages or abuse of rights. The cassation appeal filed by Villalobos is currently pending before the Supreme Court. Lisa’s arguments highlight Villalobos’s decades-long withholding of dividends and reliance on abusive litigation.