Powder Basin Psychiatric Associates, Inc. v. Ullrich

931 P.2d 652, 129 Idaho 658, 1996 Ida. App. LEXIS 146
CourtIdaho Court of Appeals
DecidedDecember 18, 1996
DocketNo. 22516
StatusPublished

This text of 931 P.2d 652 (Powder Basin Psychiatric Associates, Inc. v. Ullrich) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Powder Basin Psychiatric Associates, Inc. v. Ullrich, 931 P.2d 652, 129 Idaho 658, 1996 Ida. App. LEXIS 146 (Idaho Ct. App. 1996).

Opinion

WALTERS, Chief Judge.

After Powder Basin Psychiatric Associates, Inc. (Powder Basin) terminated George J. Ullrich’s employment contract, Powder Basin filed two actions against Ullrich. In the first action, Powder Basin claimed that Ullrich was in wrongful possession of the corporation’s personal property, and it sought recovery of the property pursuant to the claim and delivery statutes, I.C. Sections 8-301 through 8-312. The parties later negotiated a settlement, and that action was dismissed. In the second action, which is now before this Court, Powder Basin claimed that Ullrich wrongfully retained monies that belonged to Powder Basin and that were earned through services Ullrich rendered before being terminated. The district court granted summary judgment in favor of Ullrich on the ground that the claim was barred by res judicata resulting from the earlier action. Powder Basin now appeals from this order. For the reasons set forth below, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Drs. Billy 0. Barclay and George J. Ullrich, both psychiatrists, were employees of Powder Basin.1 During Ullrich’s employment, Powder Basin maintained offices in Coeur d’Alene and Spokane. On November 30,1994, Powder Basin and Ullrich terminated their business relationship which had extended over a period of approximately seven months. They agreed to settle accounts between themselves and to establish separate practices.

Powder Basin subsequently sued Ullrich, alleging that Ullrich had taken some office furniture and office equipment from the corporation’s office in Spokane in order to furnish the office for his new practice. Powder Basin claimed that Ullrich, as its employee, came into possession of these corporate assets which did not become Ullrich’s personal property upon his termination. Pursuant to the claim and delivery statutes, Powder Basin alleged that Ullrich wrongfully retained these assets, and it requested an expedited hearing for return of the property. Ullrich responded that he was entitled to certain financial offsets from Powder Basin as a result of his employment agreement.

In a letter to Ullrich dated January 11, 1995, Powder Basin claimed that Ullrich was in possession of more corporate property than alleged in the complaint, which he was also wrongfully retaining. The assets described in the letter were monies arguably received by Ullrich for “services [Ullrich] performed at Pine Crest Hospital for Washington Medicaid patients and as Director of the Children’s Unit____” Powder Basin stated in the letter that before the lawsuit could be settled, a complete accounting must be made of these monies. In its second letter to Ulhieh, dated February 10, 1995, Powder Basin stated in pertinent part that:

Any and all earnings generated after November 30, 1994[,] belong to Dr. Ullrich, without exception. Any earnings generated before November 30, 1994[,] belong to Powder Basin. In this regard we have reason to believe that DSHS income generated before November 30 is regularly paid within 30 or 60 days thereafter. We require that those sums be accounted to and paid to Powder Basin. We believe that this directorship fee for the [C]hildren’s [U]nit for period of service ending November 30 is an asset of and must be paid to Powder Basin.

Powder Basin did not amend its complaint to either seek an accounting or to recover the money referenced in these letters. The record shows, however, that the parties later negotiated a settlement. Powder Basin subsequently drafted a stipulation to dismiss the lawsuit with prejudice which the district court granted in February of 1995.

On March 23, 1995, Powder Basin filed a second action, alleging that Ullrich wrongful[660]*660ly retained monies in excess of $10,000 for services rendered during his employment. Ullrich responded that this second action was barred by the doctrine of res judicata because Powder Basin’s claim arose from the same transaction as the first action. Ullrich also counterclaimed that Powder Basin was unjustly enriched by wrongfully retaining accrued profits in excess of $10,000 because Ullrich had detrimentally relied upon representations by Powder Basin that Ullrich would either receive a cash bonus or be allowed to purchase a fifty percent interest in the corporation.

After a hearing on the motion for summary judgment, the district court granted a partial summary judgment in favor of Ullrich, and later upheld its ruling on a motion to reconsider. The court then certified the order as a final judgment pursuant to I.R.C.P. 54(b). In an order amending the judgment, the district court stated that “upon final affirmance by the appellate Court ... the Counterclaim shall be dismissed with prejudice____” Powder Basin now appeals from the court’s order granting partial summary judgment and its order denying its motion to reconsider.

II.STANDARD OF REVIEW

Preliminarily, we note that a partial summary judgment may be certified by the district court as a final judgment and, thus is appealable, when the trial judge makes the determination that there is no just reason for delay. I.R.C.P. 54(b); Wilson v. Hambleton, 109 Idaho 198, 203, 706 P.2d 87, 92 (Ct.App.1985).

A summary judgment can be entered when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” I.R.C.P. 56(c). When faced with an appeal from a summary judgment, the appellate court employs the standard of review applied by the trial court when originally ruling on the motion for summary judgment, liberally construing the record in the light most favorable to the party opposing the motion. Cates v. Albertson’s Inc., 126 Idaho 1030, 1033, 895 P.2d 1223, 1226 (1995); Farm Credit Bank of Spokane v. Stevenson, 125 Idaho 270, 272, 869 P.2d 1365, 1367 (1994); Dunnick v. Elder, 126 Idaho 308, 311, 882 P.2d 475, 478 (Ct.App.1994). The motion must be denied if reasonable people could reach differing conclusions or draw conflicting inferences from the record. Cates, 126 Idaho at 1033, 895 P.2d at 1226; Sohn v. Foley, 125 Idaho 168, 171, 868 P.2d 496, 499 (Ct.App.1994). If the record presents no genuine issues of material fact, however, the motion for summary judgment must be granted. Cates, supra; Van Velson Corp. v. Westwood Mall Assocs., 126 Idaho 401, 406, 884 P.2d 414, 419 (1994); Podolan v. Idaho Legal Aid Services, Inc., 123 Idaho 937, 941, 854 P.2d 280, 284 (Ct.App.1993).

III.DISCUSSION

Powder Basin claims that the district court erred in applying res judicata principles in this case to support an award of a partial summary judgment in favor of Ullrich.

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Bluebook (online)
931 P.2d 652, 129 Idaho 658, 1996 Ida. App. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powder-basin-psychiatric-associates-inc-v-ullrich-idahoctapp-1996.