Order

By order of March 20, 2024, the Twelfth Civil Court of First Instance in Guatemala City admitted BDT Investments Inc. as a third-party co-litigant (tercero coadyuvante) supporting Lisa, S.A. in the commercial summary proceeding filed by Reproductores Avícolas, S.A. The ruling formalized BDT's intervention in a case that had been pending for over eleven years, aligning the controlling shareholder's interests with the defendant's defense.

Case Background

Reproductores Avícolas, S.A., an Avícola Villalobos Group entity, filed this commercial summary proceeding against Lisa, S.A. before the Twelfth Civil Court of First Instance in Guatemala City (Case No. 01162-2012-00231). The case was filed in 2012 and remained without significant recorded procedural activity for over a decade before BDT's appearance.

Court's Ruling

The court, resolving Memorial 1358-24 filed by BDT, ordered the following:

• Admitted the memorial and attached documents, adding them to the case file
• Recognized the legal standing of the appearing party based on the submitted documentation
• Noted that the appearing party acted under its own direction and legal representation, and recorded the electronic address designated for service of process
• Admitted BDT Investments Inc. as a third-party co-litigant supporting the defendant, taking the proceeding in its current state
• Accepted the evidence individually identified in the memorial

Legal Basis

• Articles 12, 28, 203, and 204 of the Constitution of the Republic of Guatemala -- guarantees of defense, right of petition, and judicial independence
• Articles 25, 26, 28, 29, 31, 44, 50, 51, 61, 62, 63, 64, 66, 67, 68, 70, 71, 72, 75, 79, and 553 of the Code of Civil and Commercial Procedure -- provisions on legal standing, third-party interventions, procedural capacity, and summary proceedings
• Articles 15, 16, 57, 68, 141, 142, and 143 of the Judiciary Act -- provisions on jurisdiction, judicial proceedings, and service of process

Strategic Significance

BDT's admission as a third-party co-litigant strengthens Lisa's procedural position by bringing into the proceeding the entity that controls Lisa's shareholder interests, ensuring a coordinated defense against the Avícola Villalobos Group's claims. The fact that the proceeding remained inactive for over eleven years before this intervention is consistent with the pattern of litigation that Avícola Villalobos Group entities have maintained against Lisa across multiple jurisdictions and proceedings.