Exp. 01165-2021-01490

I. First Instance and Appeal

Alimentos para Animales, S.A., an entity within the Avícola Villalobos Group, brought a summary civil action for abuse of right and damages against Lisa, S.A., alleging that Lisa committed abuse of right by filing a criminal complaint (querella penal) on February 2, 2018 before the Seventh Criminal Court of First Instance of the Department of Guatemala (Expediente 01079-2018-00056), a complaint dismissed at a hearing on August 3, 2018. On April 5, 2023, the Fifteenth Multi-Judge First Instance Civil Court of the Department of Guatemala upheld Lisa's peremptory exceptions (lack of the elements required for abuse of right, lack of standing of the plaintiff, and lack of standing of the defendant), rejected Lisa's prescription exception, dismissed the claim, and ordered Alimentos para Animales to pay costs.

On June 22, 2023, the Fifth Civil and Commercial Court of Appeals issued <doc id="gua-01165-2021-01490-2023-06-22-a" />, denying the appeal and affirming the first-instance judgment in full. The appellant, through its authorized representative Elias José Arriaza Sáenz, raised three grievances: that the trial court failed to properly evaluate the documentary evidence consisting of the criminal complaint and its dismissal; that its membership in the Avícola Villalobos Group established its standing to sue; and that, for the same reason, the exception of lack of standing of the defendant should be overturned. The Court established a dispositive fact: the criminal complaint was brought against various legal entities and natural persons, but Alimentos para Animales, S.A. was not among them. Because the criminal action was not directed against the plaintiff, the material link necessary to establish abuse of right was absent, and the standing grievances were declared nonexistent on the same basis. The Court added that the assessment of documentary evidence belongs to the trial judge, and that the content of the assessed documents established precisely that Lisa exercised no criminal action against Alimentos para Animales.

This proceeding reflects the Avícola Villalobos Group's pattern of litigation against Lisa, S.A.: a Group entity brought an abuse-of-right claim against Lisa for the legitimate exercise of its right to file a criminal complaint, seeking damages arising from a complaint that was not even directed against the plaintiff. The claim was rejected at first instance, affirmed on appeal, and the plaintiff ordered to pay costs.

II. Cassation

Alimentos para Animales, S.A. pursued a cassation appeal before the Civil Chamber of the Supreme Court, identified as Case 01002-2023-00841. By ruling of June 14, 2024, the Supreme Court dismissed the cassation. On March 18, 2025, the Fifth Civil and Commercial Court of Appeals issued <doc id="gua-01165-2021-01490-2025-03-18-a" />, acknowledging receipt of the February 21, 2025 communication from the Civil Chamber transmitting the certified dismissal and ordering notification to the parties.

With the dismissal of the cassation, the judgment rejecting the abuse-of-right claim against Lisa, S.A. became final at every level. Lisa prevailed at each stage of the proceeding, and Alimentos para Animales, S.A. was ordered to pay costs.