What is a Petition for Declaratory Relief?

A declaratory relief claim is normally used “to obtain a judicial declaration on the rights and duties of the parties under a contract.” (City of Tiburon v. Northwestern Pac. R.R. Co., 4 Cal. App. 3d 160, 170 (1970).) However, declaratory relief is not a tool to redress past wrongs, it operates prospectively to settle controversies before they escalate to a repudiation of obligations, invasion of rights, or the commission of wrongs. (Travers v. Louden, 254 Cal. App. 2d 926, 931 (1967).

“The fundamental basis for declaratory relief is the existence of an actual, present controversy over a proper subject.” (City of Cotati v. Cashman, 29 Cal. 4th 69, 79 (2002).) The object “is to afford a new form of relief where needed and not to furnish a litigant with a second cause of action for the determination of identical issues.” (Cal. Ins. Guar. Ass’n v. Superior Court, 231 Cal. App. 3d 1617, 1624 (1991).)

Declaratory relief has two elements a party must satisfy: “(1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to [the party’s] rights or obligations.” (Jolley v. Chase Home Finance, LLC, 213 Cal. App. 4th 872, 909 (2013).) “One test of the right to institute proceedings for declaratory judgment is the necessity to present adjudication as a guide for plaintiff’s future conduct in order to preserve his legal rights.” (Osseous Technologies of America, Inc. v. DiscoveryOrtho Partners LLC, 191 Cal. App. 4th 357, 364-365.)

The decision of whether to grant a petition for declaratory relief lies within the discretion of the court and cannot be brought up on appeal except for abuse of discretion. (Girard v. Miller, 214 Cal. App. 2d 266, 277 (1963).) The court may refuse to exercise declaratory relief powers where such relief is not necessary or proper at the time under all of the circumstances. (Cal. Civ. Proc. § 1061.)

In instances where there is an accrued cause of action for an actual breach of contract or other wrongful act, declaratory relief may be denied. (Osseous Technologies of America, Inc., 191 Cal. App. 4th at 366.) However, “the mere circumstance that another remedy is available is insufficient ground for refusing declaratory relief, and doubts regarding the propriety of an action for declaratory relief…generally are resolved in favor of granting relief.” (Id. at 364.)

Declaratory relief is traditionally used for statutory and contract interpretation. (Von Durjais v. Bd. of Trustees, 83 Cal. App. 3d 687 (1978).) Declaratory relief is also “an appropriate method for obtaining a declaration that a statute or regulation is facially unconstitutional.” (Tejon Real Estate, LLC v. City of Los Angeles, 223 Cal. App. 4th 149, 154 (2014).) However, it cannot be used to review an administrative order. (Guilbert v. Regents of Univ. of Cal., 93 Cal. App. 3d 233, 244 (1979).)

“The declaratory relief provisions do not empower a court to stop or interfere with administrative proceedings by declaratory decree…a party is entitled to avail itself of the complete administrative procedure…until that procedure has been completed, plaintiff has no standing to ask for judicial relief because it has not yet exhausted the remedies provided by the statute.” (Walker v. Munro, 178 Cal. App. 2d 67, 72 (1960).)

Useful Rulings on Petition for Declaratory Relief

Recent Rulings on Petition for Declaratory Relief

1-25 of 10000 results

PRICE VS THE CITY OF ANAHEIM

With the possible exception of the provisions relating to immediate access to the STR units, Plaintiffs have failed to show irreparable injury to support their request for preliminary injunction. “‘To qualify for preliminary injunctive relief plaintiffs must show irreparable injury, either existing or threatened.’” (Cohen v. Board of Supervisors (1986) 178 Cal.App.3d 447, 453.)

  • Hearing

    Sep 29, 2030

SOUTHERN CALIFORNIA EDISON COMPANY VS. SANTA ANA RV STORAGE, L.P.

Given that CCP § 1263.510 mandates compensation for lost goodwill for the owner of a business conducted on the property taken, the Court will not preclude such recovery in the absence of express exclusionary language in the lease. That being said, it is not clear that SARVS necessarily will be eligible for such compensation.

  • Hearing

    Apr 25, 2026

T-12 THREE, LLC VS. TURNER CONSTRUCTION COMPANY

Specifically, MaryJane is a plaintiff as to the First Cause of Action for Breach of Contract, the Second Cause of Action for Negligence, the Fourth Cause of Action for Breach of Express Warranty, and the Fifth Cause of Action for Breach of Implied Warranties. (Plaintiffs voluntarily dismissed the Third Cause of Action for Indemnity following the filing of Turner’s Motion.)

  • Hearing

    Apr 25, 2026

THE CITIES OF DUARTE VS STATE WATER RESOURCES CONTROL BOARD AND CITY OF GARDENA VS REGIONAL WATER QUALITY CONTROL BOARD

The Court is persuaded that the status quo should be maintained pending appeal so that any different relief granted by the Court of Appeal is not rendered illusory, and to avoid interfering with those parts of the Permit which may have been successfully implemented by some cities affected by the Permit.

  • Hearing

    Jun 20, 2021

VELAZQUEZ VS KIA MOTORS AMERICA INC.

No appearance is required at the hearing set for 6/21/19.

  • Hearing

    Jun 20, 2021

OSCAR ESCOBEDO, ET AL. VS EMANATE HEALTH MEDICAL CENTER , ET AL.

J of the Pomona Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the case for trial to that Independent Calendar Court. Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.Plaintiff shall give notice.

  • Hearing

    Nov 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

CATHAY BANK VS ACE HARDWARE CORPORATION

Janovsky testified that he was mainly concerned with whether Defendant Ace was going to get the racks for its promotion and was merely thinking of things from the perspective of a merchant and not from a legal perspective. (Id. at ¶ 4, Ex. C.) Mr. Janovsky also testified that he was not aware that the request by Defendant JMI for the name change could have affected the receivership. (Ibid.)

  • Hearing

    Nov 06, 2020

CHANGLIANG DAI VS THOMAS CHEN, ET AL.

Yes Dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under CCP 579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).) Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).) Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) No Summary of the case. (CRC 3.1800 (a)(1).)

  • Hearing

    Nov 02, 2020

  • Type

    Contract

  • Sub Type

    Breach

MANUEL ALEJANDRE VS CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION

(Rule 3.1312) The case management conference scheduled for September 25, 2020 at 9:00 a.m. in Department 11B will remain. Ross 9/18/2020 ……………… Directions for Contesting or Arguing the Tentative Ruling: Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing.

  • Hearing

    Oct 28, 2020

IN THE MATTER OF ROBERT A. MATTHEWS

For general information regarding Judge Lund and his courtroom rules and procedures, please visit: http://www.judgerogerlund.com.

  • Hearing

    Oct 20, 2020

  • Type

    Family Law

  • Sub Type

    Conservatorship

ANGELA WATSON VS GILBERT A. CABOT

The demurrer to the 2nd Cause of Action for Sexual Harassment is SUSTAINED without leave to amend. 3rd Cause of Action: Declaratory Relief To be entitled to declaratory relief, a plaintiff must plead that there is: “(1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to [plaintiff's] rights or obligations.” (Brownfield v. Daniel Freeman Marina Hospital (1989) 208 Cal.App.3d 405, 410.)

  • Hearing

    Oct 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JINGXUAN ZHANG VS HUMMINGBIRD NEST ENTERTAINMENT CORP

Yes Dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under CCP 579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).) Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).) Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) Yes Summary of the case. (CRC 3.1800 (a)(1).)

  • Hearing

    Oct 19, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

PNC EQUIPMENT FINANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS SANTIAGO MENDOZA MUNIZ, AN INDIVIDUAL

(JC Form CIV-100.) 9/9/20)_________ See above Dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under CCP 579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).) Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).) Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) No Summary of the case.

  • Hearing

    Oct 16, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CHUAN JUN LI VS QI ZHAO

No Dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under CCP 579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).) Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).) Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) No Summary of the case. (CRC 3.1800 (a)(1).)

  • Hearing

    Oct 16, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ARMEN G KOJIKIAN ET AL VS AMERICAN HONDA MOTOR CO INC

Notice: Ensure that any notice for which approval is requested contains all essential terms of the settlement, including full relief language, and clearly sets out the process for appealing disputed claims. Why is it appropriate to not require that notice be sent to all dealerships where class members may seek relief? Claims Process: Kim Declaration: Although now moot, the following items will need to be resolved prior to the Court granting approval: Ms.

  • Hearing

    Oct 15, 2020

(NO CASE NAME AVAILABLE)

Yes Dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under CCP 579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).) Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).) Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) N/A Summary of the case.

  • Hearing

    Oct 14, 2020

BELINDA AGUILAR, ET AL. VS TG PROPERTIES LLC

At the direction of Department 1, this case is hereby ordered reassigned and transferred to the South Central District, Compton, the Honorable Maurice Leiter, Judge presiding in Department A, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court.

  • Hearing

    Oct 13, 2020

RE: ORDER TO SHOW CAUSE (ACCOUNTING SET BY D14 ON 1/15/20

For filed is incomplete. 11. File a verified declaration to clarify whether you have attended the orientation class for unlicensed conservators pursuant to LR 7.416 12. File a verified declaration to complete petition item # 4.c. (whether proposed conservatee is a member of a federally recognized Indian tribe) 13. Submit a completed Order Appointing Probate Conservator Form GC-340 (adopted 1- 15-16) 1.

  • Hearing

    Oct 07, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR FINAL DISTRIBUTION AND FOR STLMT OF FIRST AND FINAL ACCT FILED ON 05/13/20 BY BABARA WAGNER

Petition states it was to cover the tax liability. 10. Notice of Filing Inventory & Appraisal Form GC-042 filed and Proof of Service re: same PrC § 2610 11. Submit a proposed Order PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: Original financial account statement(s) as required by PrC § 2620(c) (2), (3) for LPL account

  • Hearing

    Oct 07, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: FIRST AMENDED PET’N FOR APPROVAL OF ACCOUNTING (MADISON)

Have a Judicial Council Form Notice of Hearing and copy of petition mailed to all persons entitled to receive notice and file a Proof of Service with court. 5. File original financial account statement(s) as required by PrC § 2620(c) (2), (3) for LPL account at end of account period 6. File a statement regarding bond per LR 7.111(b). 7. File a Corrected Inventory & Appraisal to correct page 1. Values reported at page 1 of Inventory & Appraisal filed 12-24-19 differ than those listed in Attachment 1. 8.

  • Hearing

    Oct 07, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

(NO CASE NAME AVAILABLE)

Yes Dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under CCP 579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).) Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).) Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) N/A Summary of the case.

  • Hearing

    Oct 07, 2020

ESTATE OF DOUGLAS S ROBINSON

File a verified declaration to address petition Item # 5.a.(3) or 5.a.(4) (whether decedent is survived by a registered domestic partner) 6. File a verified declaration to address petition Item # 5.a.(7) or 5.a.(8) (whether decedent is survived by issue of a predeceased child) 7. File a verified declaration to address petition Item #5.b. (whether decedent was survived by a stepchild or foster child or children who would have been adopted, but for a legal barrier) 8.

  • Hearing

    Oct 06, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: TRAILING: ELIZ ROSNER'S CREDITORS CLAIM SET BY DEPT.30

Memorandum of Points and Authorities in Support of Petition for Approval of Settlement Agreement and in Response to Linda Rosner’s Frivolous Objection filed 8- 21-2020 by Nicolas Rosner and C. Jeff Brinton requests affirmative relief and must be calendared and noticed for relief to be considered. 4. Reply to Response to Objection of Linda Fuentes Rosner filed 9-18-2020 by Linda Fuentes Rosner.

  • Hearing

    Oct 06, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: FIRST AND FNL RPT ON WVR OF ACCT, FOR COMPENSATION, FINAL DIST

Petition for Approval of First through Fifth Accounting filed by Michele Disney 8-14- 2020 is set for hearing 12-3-2020. KATHLEEN A DISNEY MICHELE DISNEY CAROLYN D CAIN MICHELE DISNEY MATTHEW P MATIASEVICH THE ANNE DISNEY FAMILY TRUST, PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Moving paper is in Vol. 2 Need: 1. Verified declaration by petitioner to include himself, trustee of trust and trust beneficiaries in Item # 8. PrC § 8002 2.

  • Hearing

    Oct 06, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

CONSERVATORSHIP OF RICHARD MARTIN REIMERS

File Confidential Guardian Screening Form GC-212 completed by Sheila Jackson Wardley The Court is waiting for these items: 1. Report of Atty. Lita Pettus-Dotson Notes: 1. Objection filed by mother Ashley Claxton 12-10-19 2. Order denying Petition for Appointment of Temporary Guardian filed 12-10-19. 3. Court will dispense with further formal service on mother who appeared 3-6-2020.

  • Hearing

    Oct 05, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

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