Exp. 01162-2011-01095 · Summary Opposition to Shareholder Exclusion
On July 2, 2025, the Twelfth Pluripersonal Civil Court of First Instance confirmed that the case was accumulated into Case No. 01041-2011-00110 at the Seventh Civil Court since November 2017, and ordered forwarding of a memorial and five pending certifications to that court.
Compraventa de Productos Alimenticios, S.A., an Avícola Villalobos Group entity, filed a summary opposition to shareholder-exclusion lawsuit against Lisa, S.A. before the Twelfth Civil Court of First Instance of Guatemala (Case 01162-2011-01095). The central dispute concerned whether this case should be joined with a parallel exclusion opposition proceeding against Avícola Las Margaritas, S.A. The Third Chamber of the Court of Appeals revoked the joinder, and the Constitutional Court confirmed that decision by denying the amparo filed by Compraventa. The case was subsequently accumulated into Case No. 01041-2011-00110 at the Seventh Civil Court, where it continues to be processed.
The Constitutional Court confirmed the denial of amparo filed by Compraventa de Productos Alimenticios, S.A. against the Third Chamber of the Court of Appeals, which had revoked the joinder of the summary shareholder-exclusion opposition lawsuits filed by Lisa, S.A. against Compraventa and Avícola Las Margaritas, S.A.
Compraventa argued that both assemblies excluded Lisa for a single cause and that Article 538(1) of the Civil and Commercial Procedural Code required joinder. Lisa, S.A. countered that the joinder request was filed before the court hearing the more recent case, violating Article 541, and that the exclusion resolutions were contained in different notarial instruments, failing the same-cause requirement.
The Court concluded that each defendant company has independent corporate development requiring separate analysis, and that the identity of the litigious object was not met because the underlying facts are distinct. Citing Montero Aroca and Chacón Corado, as well as its own precedents (Cases 1231-2010 and 3093-2014), the Court denied Compraventa's appeal and confirmed the Q.1,000 fine imposed on its counsel.
The ruling preserved Lisa's right to litigate each exclusion independently, preventing the Avícola Villalobos Group from consolidating both proceedings in a single forum.
The Twelfth Pluripersonal Civil Court of First Instance confirmed that the case had been accumulated into Case No. 01041-2011-00110 by order of the Seventh Civil Court of First Instance dated September 19, 2017, and transferred there on November 24, 2017. The court ordered forwarding to the Seventh Civil Court of memorial 1808-25 and certifications 664-19, 1717-19, 2318-19, 3025-21, and 912-23 with their respective resolutions and notification certificates.
This order confirms that the case ceased to proceed independently. All litigation regarding Lisa's exclusion as shareholder of Compraventa is now resolved within Case No. 01041-2011-00110.
| Date | Document | Issued by |
|---|---|---|
| Oct 17 2018 | Amparo Ruling | Constitutional Court |
| Jul 2 2025 | Order | 12th Civil Court |
This case ceased to proceed independently. All filings related to the opposition to Lisa's exclusion as shareholder of Compraventa de Productos Alimenticios, S.A. are now resolved within Case No. 01041-2011-00110.