The Fifteenth Civil Court admitted BDT Investments Inc. as a third-party co-litigant supporting Lisa, S.A. in a summary proceeding filed by Administradora de Restaurantes, S.A.

Case Background

Administradora de Restaurantes, S.A. and Compañía Importadora La Perla, S.A. brought the summary proceeding Exp. 01165-2018-00276 against Lisa, S.A. In that proceeding, Rossana Mishelle Ramírez Paredes appeared by filing a memorial and supporting documents that established her capacity as special judicial representative of BDT Investments Inc., the assignee of Lisa's rights. The court verified the documentation and recognized her legal standing, noting that she would act under her own direction and legal counsel.

Ruling

• BDT Investments Inc. was admitted as a third-party co-litigant of Lisa, S.A., pursuant to Articles 549 and 553 of the Code of Civil and Commercial Procedure
• The court recognized Rossana Mishelle Ramírez Paredes as BDT's special judicial representative
• The parties were ordered notified

Legal Basis

• Articles 549 and 553, Code of Civil and Commercial Procedure — statutory basis for third-party co-litigant admission
• Articles 12, 28, 29, 203, and 204, Constitution of the Republic of Guatemala — due process and judicial administration guarantees
• Articles 25, 26, 28, 44, 45, 46, 51, 61–67, 69–72, 79, 106, 229, 547, and 548, Code of Civil and Commercial Procedure — applicable procedural rules
• Articles 141–143, Judiciary Act — regulation of legal standing
• Articles 7, 13, 17, 18–23, 28–36, Decree 13-2022 — electronic case file processing

Subsequent Proceedings

Administradora de Restaurantes, S.A. filed a revocatoria motion against this order, contesting the documentation by which BDT established its standing and arguing that BDT was attempting to substitute Lisa as the defendant. The court denied the revocatoria in its Order of April 2, 2024, confirming that BDT's admission was lawfully issued. Administradora subsequently filed a motion for clarification and extension, which was likewise denied in its Order of April 26, 2024.