Moylan v Citizens Sec. Bank [2015] GUSC 36 (20 November 2015)

IN THE SUPREME COURT OF GUAM

SCOTT K. MOYLAN,
Plaintiff-Appellant,

v.

CITIZENS SEC. BANK (Member ANZ Group),
DOE CORPORATIONS 1-5, and JOHN DOES 1-5,
Defendants-Appellees.

Supreme Court Case No.: CVA14-027
Superior Court Case No.: CV1537-09

OPINION

Filed: November 20, 2015

Cite as: 2015 Guam 36

Appeal from the Superior Court of Guam
Argued and submitted on May 21, 2015
Hagåtña, Guam

Appearing for Plaintiff-Appellant: Curtis C. Van de veld, Esq. The Vandeveld Law Offices, P.C. 123 Hernan Cortes Ave. Hagåtña, GU 96910

Appearing for Defendants-Appellees: Duncan G. McCully, Esq. McCully & Beggs, P.C. 139 Murray Blvd., Ste. 200 Hagåtña, GU 96910

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; KATHERINE A. MARAMAN, Associate Justice.

TORRES, C.J.:

[1] Scott K. Moylan ("Scott") appeals a judgment dismissing his Complaint against Citizens Security Bank ("Bank") for wrongful termination, retaliatory discharge, civil conspiracy, false light invasion of privacy, negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress. The lower court determined in two separate summary judgment decisions that there was no genuine dispute as to any material fact and the Bank was entitled to judgment as a matter of law. Because we find that there is a genuine dispute as to material facts regarding whether Scott's termination violated established public policy, we reverse in part and affirm in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2] Scott appeals from the Judgment of the Superior Court dismissing his complaint against the Bank. He argues that the lower court erred in finding that there was no genuine issue of material fact and granting summary judgment as to seven causes of action:[1] wrongful termination, retaliatory discharge, civil conspiracy, false light invasion of privacy, negligence, intentional infliction of emotional distress ("IIED"), and negligent infliction of emotional distress ("NIED"). In particular, he argues that the evidence he presented to the lower court created a genuine issue of material fact with regard to his claim for wrongful termination. The remaining causes of action flow from the wrongful termination claim.

[3] Scott was hired as "Controller" by the Bank in 1999. See