State ex rel. Driscoll v. Inter-West Insurance

RIGGS, J., pro tempore.

Plaintiff appeals from a trial court judgment entered after the court granted defendants’ motion to dismiss plaintiffs complaint for failure to state ultimate facts sufficient to constitute a claim. We reverse.

We assume that the facts alleged in plaintiffs complaint are true. Plaintiff is the receiver for'Inter-West Insurance Company, which bought four acres of land from defendants in 1983. Inter-West paid defendants $25,000 in cash and gave them a “Certificate of Surplus” for $100,000. Inter-West also executed a trust deed on the property to Transamerica Title Co. as…