Olson

Plaintiffs Vergie M. Olson and Wallace Barcus appeal from a judgment of dismissal entered after the trial court sustained without leave to amend the demurrers of defendants Joann Steeves Toy and Deborah Murray. We shall reverse.

In March 1994, Olson filed a complaint for declaratory relief, to impose a constructive trust and to recover damages. The complaint alleges Olson is an heir at law of Georgia B. Jespersen (decedent), whose estate is under administration in Placer County, and that Olson is entitled to inherit a portion of the estate under the terms of decedent’s will. The complaint further alleges decedent executed an inter vivos trust prior to her death and that the trust is invalid, among other reasons, because the decedent lacked sufficient mental capacity to execute the trust and executed the trust under the undue influence of defendants. Olson alleges that because the trust is invalid, she has a beneficial interest in the trust assets as a successor in interest to decedent.

In her declaratory relief cause of action, Olson sought a declaration that the trust is invalid and unenforceable. Olson also sought to impose a constructive trust on the trust assets to…