NorthwestFebruary 9, 2023

Judge rules that multiple allegations aren’t supportable

Kaylee Brewster Of the Tribune
Submitted photo Eric Christiansen.
Submitted photo Eric Christiansen.

A judge granted summary judgment on a lawsuit against Potlatch No. 1 Financial Credit Union, which means the civil case won’t go to trial.

Eric Christiansen of EC Enterprises, which hosts motorsport events in the Lewiston-Clarkston Valley, filed a lawsuit in 2019 alleging Michael Moser, a mortgage manager at P1FCU and former president of the Lewiston Roundup Association, improperly accessed information on Christiansen’s account at the credit union and shared it with the Roundup board. The lawsuit alleged the action resulted in Christiansen’s contract not being renewed with the Roundup, and his business model was copied by the group. It claimed damages in excess of $10,000 to be determined at trial.

In July 2020, 2nd District Court Judge Jeff Brudie granted summary judgment, which was later appealed to the Idaho Supreme Court to allow Christiansen the opportunity to gather evidence to support the allegations in the lawsuit.

In a decision dated Feb. 24, 2022, 2nd District Judge Mark Monson granted Christiansen’s motion, allowing the case to be heard by the court. The judge heard arguments on the lawsuit from Christiansen and P1FCU on Dec. 22.

In a decision from Jan. 24, Monson granted summary judgment in favor of P1FCU in all the claims of the lawsuit. Several of the allegations included negligent supervision, tortious interference with contract, breach of expressed or implied contract, and tortious invasion of privacy. Monson ruled that some of the evidence presented by Christiansen was hearsay and therefore inadmissible, and others were filed after the deadline without good cause for the delay, according to the court document.

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In his written decision, Monson stated that Christiansen didn’t provide evidence that Moser “engaged in tortious conduct” or that P1FCU was aware of Moser’s alleged actions. The lawsuit alleges P1FCU interfered with Christiansen’s contract with the Lewiston Roundup Association. However, Monson wrote that the lack of evidence to support Christiansen’s claim “invites the court to conflate the alleged conduct of Moser with that of P1FCU,” the court document said.

In his decision, Monson also wrote that Christiansen didn’t show how the allegation of Moser accessing his account resulted in damages. Monson wrote that the claim the contract was breached requires the existence of a contract and evidence of damages, which had no support.

“Christiansen has routinely failed to demonstrate a mere scintilla of evidence to support either the breach or causation elements of his claim,” the court document said.

Monson wrote that the lawsuit centers around Christiansen’s allegation that Moser accessed his accounts, which was shared with the Lewiston Roundup Association and resulted in his contract not being extended. But the decision by Monson states that there was no evidence to support that conclusion and “there are multiple declarations refuting it,” the court document said.

Christiansen also filed a lawsuit against the Lewiston Roundup Association with a similar allegation, but that suit also alleges that the Roundup began its own demolition derby, which interfered with his business and was an invasion of privacy. That case is scheduled for trial in December.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.

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