NEW SUMMARY TRIAL (INTERDICT OF DANGEROUS WORKS).

HONORABLE JUDGE OF FIRST INSTANCE OF THE CIVIL BRANCH OF THE

DEPARTMENT OF GUATEMALA:
María del Pilar Uribe, twenty-seven years old, single, Guatemalan, Lawyer and
Notary, of this domicile, appear before this judicial body, in order to present the
following:
I act in my capacity as Special Judicial Agent for judicial matters on behalf of Mrs.
Manola Campollo (who will be referred to as my “principal” interchangeably), a
capacity that I attest with a legalized copy of the first testimony of the Public Deed,
number fifty, authorized in this city by the notary Anahí Morales, dated November
15, 2018, which is duly registered in the Electronic Registry of Powers of Attorney
of the General Archive of Protocols under number eighty, folio two hundred thirty,
book seventy-nine.
Direction and Procurement: I act under my own direction and procurement, as well
as that of the lawyers Jose Velasquez and Lucia Miranda, who may act jointly or
separately without distinction.
I indicate the place to receive notifications, my professional office located at:
seventeenth avenue, nineteen dash seventy, zone ten, Torino building, office five
hundred and five, Guatemala City.
I appear for the purpose of promoting SUMMARY TRIAL FOR DANGEROUS
WORKS against Ingenieros Inova SA, of which I have no residence, but can be
notified according to its business license at its registered office located, twelfth
avenue, fifth street, ten dash ninety of zone two of this city, and also against Mr.
Raúl Orozco, of whose residence I do not know but can be notified at fourteenth
avenue, three dash eighty, of zone fourteen of this city, based on the following;
FACTS:
A) LEGITIMACY OF PROMOTING THIS PROCESS:

According to article 44 of the Civil and Commercial Procedural Code:

“Persons who have the free exercise of their rights will have the capacity to
litigate” (…) in light of the provisions of this legal body, my client has
legitimacy since the Constitutional Court has stated that “(…) With regard to
procedural capacity or legitimatio ad procesum, it is useful to establish as a
general principle that any person who, according to the law, is in full
exercise of his or her civil rights, may appear in court (…)” Appeal of
Amparo Sentence, File 2153-2006.

My client is the owner of the real estate located at fourteenth avenue, two
dash eighty-three, zone fourteen, which appears in the certification issued
 by the General Property Registry under book twelve, folio one hundred
ninety, my client being adjacent to the property owned by Mr. Raúl Orozco,
which is located at fourteenth avenue, three dash eighty, zone fourteen,
Guatemala City, registered under book eight hundred fifty-four, folio sixty.

With the above mentioned, since July a work has been carried out by the
entity Ingenieros Inova SA on the property of Mr. Raúl Orozco, under
construction license 11809-KA, which has had a series of inconveniences,
which motivate the action of my client since there is a great risk that they
generate damage to the property of my client as well as to the adjacent
neighbors, from the previously stated my client has the legitimacy to take
action and suspend this work, until it complies with the minimum
construction requirements, for this work to be carried out.

B) OF THE FACTUAL AND LEGAL CONSIDERATIONS WHICH MOTIVATE

THE RAISING OF THIS INTERDICT:

Article 265 of the Civil and Commercial Procedural Code states: “If the work
is dangerous, or the construction due to its poor condition could cause
damage, or if there are trees from which this could come, the judge will
immediately dictate the security measures he deems necessary or the
demolition of the work, construction or tree, without further recourse.”

In the case at hand, Mr. Raúl Orozco, owner of the property registered
under book eight hundred and fifty-four, folio sixty, this aforementioned
property is undergoing construction since June of this year, said
construction is being carried out by Ingenieros Inova SA

On July 15th of this year, sheets of metal came loose, which could have
caused significant damage to the property of my client or any of the
neighbors, or caused injuries to people passing by. My client had a
conversation with the project manager of said project, expressing his
concern about the incident that had occurred. He told him that this was due
to the heavy rains and that these types of incidents would not happen again.
However, days later sheets of metal came loose again. This second incident
is recorded in the notarial record drawn up by the notary Alejandro
Mendizábal.

Several neighbors then expressed their concern about the aforementioned

events. In addition, on July 27, they began to hear noises from the
infrastructure being built, which means there is a high risk that it will collapse
and cause damage to the property of my representative or, even worse,
cause the death of someone.
 If the aforementioned work collapses, it is evident that the construction
poses a danger to my representative, as well as to the neighbors adjacent to
the aforementioned work, since it is undeniable that the events described in
this report could cause irreparable damage to the property of my
representative and others, as well as injuries or even the death of some
person.

The Constitutional Court, in file 2158-2009, stated: “The right to health is

related to the fundamental right of all persons to life and to live with dignity.
It means that people have the right to enjoy the highest possible level of
health.” The World Health Organization also defines “the right to health as a
state of complete physical, mental and social well-being that consists not
only of access to medical care but also of access to all the goods and
services that are essential for a healthy life.” I mention this due to the events
that have generated the work, my client has suffered from stress and
nervous breakdowns, these have reduced his ability to live in an adequate
manner and seriously affected his health.

C) OF THE REASONS WHY IT IS IMPERATIVE THAT THE DANGEROUS

CONSTRUCTION CURRENTLY BEING CONSTRUCTED ON THE REAL
ESTATE LOCATED ON FOURTEENTH AVENUE, THREE GUY EIGHTY,
IN ZONE FOURTEEN OF THIS CITY BE DEFINITELY SUSPENDED:

The author Mario Aguirre Godoy, in explaining the Interdict of New or

Dangerous Works, determines that “We must distinguish the two types of
situations that may give rise to the raising of this Interdict. The work may be
new, although not dangerous, but likely to cause damage; or it may not be
new but dangerous.” Everything previously mentioned by the Jurisdictional
Body must be taken into consideration since, if no action is taken, the
neighbouring homes could become uninhabitable due to the damage that
could occur.

In the case at hand, it is undeniable that the entity Ingenieros Inova SA has
not complied with the minimum construction requirements, and has also put
at serious risk the life, physical and property integrity of my client as well as
that of the other neighbors, so in the capacity in which I acted I request the
Honorable Judge to decree the immediate suspension of the dangerous
work in reference, in accordance with the provisions of article 267 of the
Civil and Commercial Procedural Code.

D) OF DAMAGES AND LOSSES

 The aforementioned work is being carried out by the entity Ingenieros Inova
S,A. and Mr. Raúl Orozco:

1. Cracks in the adjoining wall;

2. Cracked floors;
3. Decrease in the value of the property;
4. Moral damages consisting of stress and nervous breakdown.
Draft damages that are being claimed.

E) PRECAUTIONARY MEASURES

In order to ensure the outcome of the process, it is imperative that the

following precautionary measures be decreed, which consist of:

That a precautionary seizure be decreed for the property located at: Fourth
Avenue, Fifth Street, two dash fifteen, zone 9 of this city and registered in
the General Property Registry under number two hundred fifty-three, folio
eighty-two, book ten, issuing the corresponding dispatch.
The suspension of all construction work on said building located at: 14th
Avenue, 3rd dash 80, zone 14 of the city.
That an embargo be decreed on the monetary deposit, savings, investment
or fixed-term accounts that Mr. Raúl Orozco holds in national or foreign
currency in banks or financial institutions, and that as a result of this, the
respective notices be sent to the banking institutions.

FUNDAMENTALS OF LAW:

Article 249 of the Civil and Commercial Procedural Code establishes that:
“Interdicts only apply to real estate and in no way affect issues of ownership
or definitive possession. Nothing regarding ownership will be resolved in
them. The interdicts are:1st. For protection of possession or tenure;2nd. Of
dispossession.3rd. Of surveying and demarcation.4th. New or dangerous
construction. The claim may not be rejected on the grounds that the legally
applicable interdict has been wrongly named, provided that the alleged and
proven facts show that a right of possession has been violated. In such
case, the judge will decide in accordance with the rules of the applicable
interdict, to restore things to the state they were in prior to the event that
motivated the claim.”
 Likewise, Article 265 of the Civil and Commercial Procedural Code
establishes that: “If the work is dangerous, or the construction due to its
poor condition could cause damage, or if there are trees from which this
could come, the judge will immediately dictate the security measures that he
deems necessary or the demolition of the work, construction or tree, without
further recourse.”

Article 527 of the same legal body establishes that: “The precautionary
seizure of assets that cover the value of the claim, interest and costs may
be decreed…”

PROOF:

1. Declaration of the party: By the duly authorized legal representative of

Ingenieros Inova SA, through the statement of positions presented at the
appropriate procedural time.

Also a statement by Mr. Raúl Orozco, which must be made personally

and not through a representative, by means of the statement of positions
that I will attach at the time;

2. Witness Statement: which I will propose at the appropriate procedural

time;

3. Judicial Recognition: on the properties located (address) to establish the

following points:

a) If a construction project consisting of a residence is being built on

the property located at…
b) If there is a risk that the work being carried out on the property
located at... may release materials that cause damage to
neighbouring properties or to people passing by on the street in
front of the property.
c) If the following damages can be seen in the property owned by
my client located at…
d) If in the work being built on the property located at... Minimum
safety measures have been omitted, such as a protective mesh to
prevent materials from falling and adequate training for workers.
That in accordance with article 174 of the Civil and Commercial Procedural Code,
when carrying out the Judicial Recognition, I am allowed to be accompanied by the
expert …, Civil Engineer, who will make the corresponding observations.
 4. Expert Opinion: by the Civil Engineer, who I will propose at the time, on
the building that is being built on the property of Mr. Raúl Orozco;

5. Documents:

Notarial Deed authorized in this city on July 27 of this year by the lawyer
Alejandro Mendizábal, in which the sheets that came loose from the
construction owned by Mr. Raúl Orozco are documented.

Certification issued by the General Property Registry of the real estate

located at fourteenth avenue, two dash eighty-three, zone fourteen,
registered under book twelve, folio one hundred ninety.

Certification extended by the Commercial Registry of the Trade Patent of

Ingenieros Inova SA

Certification extended by the Commercial Registry of the Patent of the

Engineering Company Inova SA

6. Scientific means of proof: Structural study of the building constructed in

the aforementioned location;

7. Legal and human presumptions: those that can be derived from the
proven facts.

REQUESTS:

For processing:

I. That this memorial and attached documents be considered presented,

thus initiating the formation of the respective file;
II. That based on the document attached to this memorial, the capacity in
which he acted is recognized;
III. Please note that I act with my own professional assistance, as well as
that of the attorneys Jose Velasquez and Lucia Miranda, who will be in
charge of the direction and procurement of this trial, which we may
exercise jointly or separately without distinction;
IV. Please note where notifications will be received;
V. That based on everything set forth in this memorandum, on behalf of my
client, the present Summary Trial of Interdict of Dangerous Work, filed
 against Ingenieros Inova SA and against Mr. Raúl Orozco, be
considered promoted and admitted for processing;
VI. That the Judicial Recognition of the work be ordered without the need for
prior notification to the other party, in the manner proposed in the
corresponding section of this memorial. For this purpose, the proposed
expert will be selected for the position;
VII. That the defendant be summoned, giving them a period of three days;
VIII. That the individual means of proof in the respective section be
considered offered;
IX. That the trial period be opened in due time, in the present Summary Trial
within a period of fifteen days, with summons of the opposing party;
X. That in order to guarantee the results of the proceedings, the following
precautionary measures be decreed: That a precautionary seizure be
decreed for the property located at: Fourth Avenue, Fifth Street, two
dash fifteen, zone 9 of this city and registered in the General Property
Registry under number two hundred fifty-three, folio eighty-two, book ten,
issuing the corresponding dispatch. Property of Inova Engineers SA The
suspension of all construction work on said building located at:
Fourteenth Avenue, Three Dash Eighty, Zone Fourteen of the city.
That an embargo be decreed on the monetary deposit, savings,
investment or fixed-term accounts that Mr. Raúl Orozco holds in national
or foreign currency in banks or financial institutions, and that as a result
of this, the respective notices be sent to the banking institutions.
XI. That, once the trial period has concluded, a day and time be set for the
hearing, with a summons to the opposing party.

In the background

XII. That, once all procedural stages have been exhausted, the Honorable
Judge shall issue the judgment that corresponds by law, DECLARING:

a) The present Summary Trial of Interdict of Dangerous Work filed

against Ingenieros Inova SA and Mr. Raúl Orozco takes place.
b) Consequently, the definitive suspension of the construction works
being carried out on the property located at 14th Avenue, 3/80,
Zone 14 of this city is hereby decreed, and the immediate
execution of the ruling is ordered;
c) That the defendant be ordered to pay damages, the amount of
which shall be established by means of expert opinion in
accordance with Article 150 of the Judicial Branch Act;
d) That Ingenieros Inova SA and Mr. Raúl Orozco be ordered to pay
the costs;
Citation of laws: articles: 12, 28, 29, 203 of the Political
Constitution of the Republic of Guatemala; 25, 26, 27, 28, 29, 30,
32, 44, 45, 50, 51, 61, 63, 64, 65, 66, 67, 68, 69, 71, 72, 75, 79,
106, 107, 229, 230, 231, 232, 233, 234, 249, 250, 251, 252, 264,
265, 266, 267, 268, 527, 572 of the Civil and Commercial
Procedural Code;

I enclose four copies of this memorial and attached

documents.

Guatemala City, September 7, 2019.

IN MY OWN AID DIRECTION AND PROCUREMENT