Claims Over Dividend Prescription by San José El Recuerdo
San José El Recuerdo, S.A.
C. 01046-2020-00058
Summary
This case arises from an ordinary extinctive prescription lawsuit filed by San José El Recuerdo, S.A. against Lisa, S.A. before the Fifth First Instance Civil Court. Lisa challenged the admission of the lawsuit, arguing that dividend disputes between commercial companies must be heard in a summary proceeding (Article 1039 of the Commercial Code and the San José El Recuerdo charter). The controversy led to a constitutional amparo action after Lisa’s revocation motion against the admission was rejected.
Decisions
Admission of the ordinary lawsuit for extinctive prescription filed by San José El Recuerdo against Lisa.
The court admitted the lawsuit to proceed in the ordinary route.
The extinctive prescription lawsuit advanced to the preliminary stage.
Lisa filed a revocation motion, arguing that the case should proceed as a summary trial, not as an ordinary lawsuit.
The court rejected the revocation, confirming that the case would continue as ordinary.
Lisa’s procedural objection was denied; the ordinary lawsuit remained active.
Lisa filed a constitutional amparo against the February 6, 2020 ruling.
The Court of Appeals granted the amparo, holding that the revocation was the proper remedy to challenge the admission of the lawsuit and ordering the lower court to reconsider Lisa’s motion under the correct procedural route.
The February 6, 2020 ruling was annulled; the lower court had to issue a new decision on the revocation.
San José El Recuerdo appealed the amparo granted on August 7, 2020.
The Constitutional Court confirmed the amparo in favor of Lisa and rejected San José El Recuerdo’s appeal, reaffirming that the revocation was the correct remedy and that the Fifth Civil Court had to reconsider whether the case should proceed as summary instead of ordinary.
The amparo remained in force; the lower court was required to re-examine the admission of the lawsuit.
Conclusion
The extinctive prescription lawsuit brought by San José El Recuerdo, S.A. against Lisa, S.A. resulted in a constitutional dispute over the proper procedural route. The Fifth Civil Court admitted the ordinary claim (January 2020) and rejected Lisa’s revocation motion (February 6, 2020). Lisa obtained an amparo from the Court of Appeals (August 2020), which was later confirmed by the Constitutional Court (February 2021).