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 Resources for Petition for Declaratory Relief

Recent Documents on Petition for Declaratory Relief

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Notice of Settlement of Entire Case - Status Conference

request for the date 1b the date O2 scheduled hearing

Order Show Cause Re: Dismissal

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’3 File Stamp 627 West 21st Street F ED Merced, CA 95340 Merced County Superior Court (209) 725-4111 08/29/2016 ...

Notice Request for Dismissal/Conditional - Case Management Conference

O O 1775 Concord Ave Superior Court of California Chico CA 95928 County of Butte Civil ...

Ruling - Order to Show Cause in re: Dismissal

Superior Court of California County of Kern Bakersfield Department 12 Date: 03/08/2017 _ Time: 12:30 PM . ...

Order to Show Cause in re: Dismissal - PURSUANT TO CALIFORNIA RULE OF CO...

Superior Court of California County of Kern Bakersfield Department 12 Date: 10/27/2017 Time: 3:00 PM ...

Ruling - Order to Show Cause in re: Dismissal

Superior Court of California County of Kern Bakersfield Department 12 Date: 10/27/2017 Time: 3:00 PM ...

Conditional Settlement - Status Conference

CM-200 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) |_Ghrstopher B. Mandarich SB 220083: s Ainy Marshall SB961601; Amber Swearingen-Ojuri $B324689; David C. McGaffey SB315632; MANDARICH LAW GROUP, LLP. P 0 Box 109032 Chicago, IL 60610, TELEPHONE NO 877.285 4918 FAX NO. 818 888 1260 E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name)* Cavalry SPV I, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OFBUTTE STREET ADDRESS’ 1775 CONCORD AVE. MAILING ADDRESS: cITy AND zip ...

Request for Dismissal/Unconditional - Status Conference

1775 Concord Ave Superior Court of California Chico CA 95928 County of Butte Civil 530-5...

Order Approving Compromise of Disputed Claim - Status Conference

2/6/2019 .1ATTORNEY OR PARTY WITHOUTATI'ORNEY (Name. SletaBernumber, and address): ’ FORCOURTUSE ONLY ...

Request for Dismissal/Conditional - Status Conference

. 1775 Concord Ave . _ Superlor Court of Callfornla Chico CA 95928 County of Butte ...

Plaintiff's Conditional Settlement - Status Conference

CM-200 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): t-Terry A. Duree, Esq. SBN: 61008 GENTS Terry A. Duree, Inc. 622 Jackson St Fairfield, CA 94533 FF — Superior Court of Califomia__ = TELEPHONE No: 707-422-8933 FAX NO. (Optional): | County of Butte I E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):Kelsti Group, Inc. L L SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE E E street appress: Chico Courthouse maine aopress: 1775 Concord Avenue D Ki Fiener, Clerk...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 Capital One Bank (USA), N.A. vs Carrizales Marcos NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 18CV-00314 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 CSO Financial, Inc. vs Mariah Fryman NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 17CV-03915 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’5 File Stamp 627 W. 21st Street Merced CA 95340 FILED Merced County Superior Court 209-725-4100 ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’5 File Stamp 627 W. 21st Street Merced CA 95340 FILED Merced County Superior Court 209-725-4100 ...

Order to Show Cause

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 FILED 209-725-4100 Merced County Superior Court ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’5 File Stamp 627 W. 21st Street Merced CA 95340 FILED 209-725-4100 Merced County Superior Court ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’5 File Stamp 627 W. 21st Street Merced CA 95340 FILED 209-725-4100 Merced County Superior Court ...

Conditional Settlement; Plaintiff - Status Conference

- - ~» ~. 1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address): o W: I “ ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 Kelstin Group, Inc. vs Yvette Smith NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 17CV-02142 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 Kelstin Group, Inc. vs Yvette Smith NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 17CV-02142 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 The Best Service Co., Inc. vs Alejandro Arganda NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 18CV-01627 Settlement ...

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