BOLGER, Justice.
Aaron Steiner began a romantic relationship with Juanita Omadlao in May 2013, while Omadlao was still married to David Coulson. Coulson learned about the affair and filed for divorce. After the divorce proceedings ended, Coulson sued Steiner, claiming alienation of affections, fraud and civil conspiracy, and intentional and negligent infliction of emotional distress. Specifically, Coulson alleged that Steiner caused Coulson's divorce and that Steiner then conspired with Omadlao during the divorce proceedings to extract child support and spousal support from Coulson.
The superior court granted Steiner summary judgment on all three of Coulson's claims. The court concluded that Alaska does not recognize a tort for alienation of affections and that Coulson's remaining claims were derivative of Coulson's alienation of affections claim and likewise barred by Alaska law.
We agree that Steiner was entitled to summary judgment on the alienation of affections claim based on our prior case law. But we also conclude that Steiner was not entitled to summary judgment on Coulson's other
Coulson and Omadlao married in 2009. In May 2013 Omadlao began a romantic relationship with Steiner, and in September 2013 Coulson filed for divorce. Omadlao, who was pregnant at the time, sought interim spousal support from Coulson. In her filings she represented that Coulson was the father, that she could not work due to medical conditions associated with her pregnancy, and that she would be homeless without spousal support.
Omadlao gave birth in February 2014. Shortly thereafter the superior court partially granted Omadlao's support motion, awarding her $1,000 per month in interim spousal support, requiring Coulson to pay Omadlao's pregnancy-related medical expenses, and instructing Coulson to "investigate" purchasing medical insurance for Omadlao and the child.
In March Steiner and Omadlao received the results of a paternity test indicating that Steiner was the father of Omadlao's child. At an April hearing Coulson's attorney requested a paternity test order, and the judge acknowledged that there was a "serious question about the paternity of the child," but Omadlao did not mention Steiner's test results. Coulson took a paternity test later that month and discovered that he was not the father of Omadlao's child.
Further proceedings between Coulson and Omadlao resulted in a modification of the interim spousal support order and eventually a settlement agreement and decree of divorce. Steiner and Omadlao married in November.
Coulson filed suit against Steiner for damages resulting from Steiner's role in the divorce and divorce proceedings. Coulson alleged that Steiner assisted Omadlao in portraying herself as having limited funds and being on the verge of homelessness when in fact she was comfortably living in Steiner's home. He also alleged that Steiner and Omadlao conspired to conceal the fact that Steiner was the child's father in order to extract child support, medical expenses, and interim spousal support from Coulson.
Based on these facts, Coulson alleged that (1) Steiner committed the tort of alienation of affections by destroying the spousal love between Coulson and Omadlao; (2) Steiner committed fraud and civil conspiracy by "knowingly accept[ing] the benefits of [Omadlao's] fraudulent behavior" and by conspiring with Omadlao to defraud Coulson; and (3) Steiner committed intentional and negligent infliction of emotional distress by having an affair with Omadlao and then conspiring with her to extract child and spousal support from Coulson.
Steiner filed an answer denying these allegations. Steiner then moved for summary judgment, arguing that alienation of affections is not a cause of action in Alaska and that the other two claims were mere reframings of Coulson's alienation of affections claim.
Coulson responded by moving for a continuance under Alaska Civil Rule 56(f) to conduct additional discovery before responding to Steiner's motion. Coulson also moved to compel Steiner to produce his mandatory initial disclosures under Alaska Civil Rule 26.
The superior court denied Coulson's motions and instructed Coulson to respond to Steiner's motion for summary judgment within 15 days. After receiving Coulson's response, the superior court granted Steiner's motion for summary judgment. The superior court rejected Coulson's claim for alienation of affections because Alaska does not permit tort claims relating to economic loss caused by divorce and rejected Coulson's other two
Coulson appeals the superior court's discovery orders and its grant of Steiner's motion for summary judgment.
"We review a grant of summary judgment de novo, `affirming if the record presents no genuine issue of material fact and if the movant is entitled to judgment as a matter of law.'"
Coulson argues that the superior court erred in granting summary judgment for Steiner. For the reasons we explain below, Steiner was entitled to summary judgment on Coulson's claim for alienation of affections, but Steiner was not entitled to summary judgment on Coulson's other claims.
The superior court granted summary judgment in favor of Steiner on Coulson's claim for alienation of affections, finding that such claims are barred in Alaska on "public policy grounds." We agree with the superior court.
The tort of alienation of affections provides a cause of action for a spouse against a third party who interferes in the marital relationship with the intent to alienate one spouse from the other.
But changes in society's conception of marriage, combined with attempts to limit damages and protect privacy, have led to the gradual abolition of this cause of action, and only a handful of states still recognize it today.
In Chizmar v. Mackie, a woman sued her doctor for, among other things, economic loss and emotional distress resulting from her divorce after the doctor falsely informed her husband that she had AIDS.
We reaffirmed the holding of Chizmar several years later in Clemensen v. Providence Alaska Medical Center.
Coulson's claim for alienation of affections seeks damages for economic losses resulting from divorce. We reaffirm both Chizmar and Clemensen today, and we specifically hold that the tort of alienation of affections is not recognized under Alaska law. Steiner was therefore entitled to summary judgment on that claim.
The superior court granted Steiner summary judgment on Coulson's claims for fraud and civil conspiracy and for intentional and negligent infliction of emotional distress, concluding that Coulson could not "avoid Alaska's bar of tort claims relating to economic losses caused by divorce through artful pleading." Coulson appeals, arguing that his other two claims have factual bases independent from those of his alienation of affections claim. We agree with Coulson.
Coulson's claims for fraud and civil conspiracy and for intentional and negligent infliction of emotional distress are based, at least in part, on Steiner's alleged role in misrepresenting the paternity of Omadlao's child and the nature of her finances and living conditions. These claims are therefore not for economic loss resulting from divorce
Thus, to the extent Coulson's remaining claims allege harm arising out of Steiner's role in causing the divorce, they are barred by our refusal to recognize claims for economic losses resulting from divorce.
Coulson also argues that the superior court abused its discretion when it denied his motions to continue discovery. But as we have just explained, summary judgment was wrongly granted on two of Coulson's claims. He is therefore entitled to pursue discovery of those claims on remand, notwithstanding the superior court's orders. Coulson's other claim — for alienation of affections — is barred as a matter of law and thus allowing discovery on that claim would serve no purpose. Because resolving Coulson's appeal of the superior court's discovery rulings would not affect how this case is litigated on remand, we decline to reach those issues here.
We recognize, however, the importance of affording a litigant time to conduct the discovery necessary to oppose a summary judgment motion, which "may require that parties spend considerable time and effort discovering and developing facts necessary for a full presentation."
We AFFIRM the superior court's grant of summary judgment on Coulson's alienation of affections claim, but we REVERSE the superior court's grant of summary judgment on Coulson's claims for fraud and civil conspiracy and intentional and negligent infliction of emotional distress. We REMAND for proceedings consistent with this opinion.