Olmstead v. Riley

This is an action for reformation and enforcement as reformed of three instruments—a property settlement agreement and trust indenture, both executed on December 6, 1941, and an agreement terminating a trust executed May 26, 1947. After defendants filed their answer they filed a motion to dismiss the complaint for lack of merit under the provisions of section 437c of the Code of Civil Procedure. This motion for summary judgment was made upon the grounds that all of the matters set forth in the complaint are res judicata and that all of the matters therein were determined in an action…