Claims Over Dividend Prescription by Cerro Colorado
Cerro Colorado, S.A.
C. 01161-2018-01005
Summary
This case is an ordinary action for extinctive prescription filed by Cerro Colorado, S.A. against Lisa, S.A.. The plaintiff sought a declaration that the obligation to pay dividends in favor of Lisa, S.A. was time-barred.
Decisions
Preliminary objections by Lisa, S.A.: (i) incompetence; (ii) defective complaint (wrong procedural route); (iii) lack of fulfillment of the condition; and (iv) lack of expiration of the term.
The court denied (sin lugar) the objections of incompetence, lack of condition, and lack of expiration of term; it granted (con lugar) the objection of defective complaint and, as a result, rejected the ordinary claim at intake because the controversy must be pursued by the summary route agreed by the parties. Costs were imposed on the losing party.
The extinctive-prescription claim was definitively rejected; the lawsuit did not advance beyond preliminary review.
Conclusion
The extinctive-prescription action filed by Cerro Colorado, S.A. against Lisa, S.A. was dismissed at the preliminary stage. The ordinary action was therefore rejected outright, and Lisa, S.A. successfully prevented the case from advancing.