Order

Case Background

This proceeding is a summary opposition to shareholder exclusion brought by Compraventa de Productos Alimenticios, S.A. against Lisa, S.A., before the Twelfth Pluripersonal Civil Court of First Instance of the Department of Guatemala under <law id="gua-01162-2011-01095" />. The case file was transferred by accumulation to Case 01041-2011-00110 pursuant to a resolution of the Seventh Civil Court of First Instance dated September 19, 2017, and has physically remained at that court since November 24, 2017. When memorial 1808-25 was filed with the court of origin, the court verified this circumstance from the procedural record and ordered the materials forwarded to the court where the accumulated file is held.

Ruling

• The court acknowledges receipt of memorial 1808-25
• It takes note of the electronic mailbox designated for notifications
• It orders the immediate forwarding to the Seventh Civil Court of First Instance of the memorial, certifications 664-19, 1717-19, 2318-19, 3025-21, and 912-23, their respective resolutions, and notification certificates

Procedural Context

This summary proceeding is part of the set of actions initiated by Avícola Villalobos Group entities to exclude Lisa, S.A. as a shareholder. The accumulation to a separate case file reflects the multiplicity of proceedings tied to Lisa's exclusion from the group's companies. Earlier, Compraventa de Productos Alimenticios, S.A. attempted to accumulate this case to another shareholder exclusion opposition proceeding pending before the Fourteenth Civil Court, but the Third Chamber of the Court of Appeals revoked that accumulation, a decision upheld on amparo by the Supreme Court of Justice and confirmed by the Constitutional Court through its <doc id="gua-01162-2011-01095-2018-10-17-a" /> of October 17, 2018.

Legal Basis

• Articles 2, 4, 12, 28, 29, 203, 204 of the Constitution of the Republic of Guatemala — constitutional basis for due process and the administration of justice
• Articles 25, 26, 28, 29, 31, 44, 45, 50, 51, 61–64, 66–68, 70–73, 75, 79, and 544 of the Code of Civil and Commercial Procedure — procedural rules governing case management and accumulation of proceedings
• Article 1039 of the Commercial Code of Guatemala — provisions applicable to summary commercial proceedings
• Articles 15, 16, 51, 57, 68, 141–143 of the Judiciary Act — jurisdictional competence and organization

Signatories

• Silvia Patricia Morales Requena, Judge
• Fredi Alexander Saenz de la Cruz, Clerk