Defendant’s/Respondent’s (Affordable Community Living Corporation) Demurrer to Unverified Complaint for Declaratory and Injunctive Relief and Petition for Writ of Mandate (filed on 8-3-18) is OVERRULED. Defendant directs its Demurrer against Plaintiff’s “Complaint for Declaratory and Injunctive Relief and Petition for Writ of Mandate” (Complaint) filed on 4-5-18.
“ ‘The fundamental basis of declaratory relief is the existence of an actual, present controversy over a proper subject.’ [Citation.]” (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 79; Italics in original.) “ ‘To qualify for declaratory relief, [a party] would have to demonstrate its action presented two essential elements: “(1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to [the party’s] rights or obligations.” ’ [Citation.] (Jolley v. Chase Home Finance, LLC (2013) 213 Cal.App.4th 872, 909.) “ ‘ “ ‘The purpose of a declaratory judgment is “to serve some pr
Hearing Date
October 16, 2018
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Defendant’s/Respondent’s (Affordable Community Living Corporation) Demurrer to Unverified Complaint for Declaratory and Injunctive Relief and Petition for Writ of Mandate (filed on 8-3-18) is OVERRULED. Defendant directs its Demurrer against Plaintiff’s “Complaint for Declaratory and Injunctive Relief and Petition for Writ of Mandate” (Complaint) filed on 4-5-18.
“ ‘The fundamental basis of declaratory relief is the existence of an actual, present controversy over a proper subject.’ [Citation.]” (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 79; Italics in original.) “ ‘To qualify for declaratory relief, [a party] would have to demonstrate its action presented two essential elements: “(1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to [the party’s] rights or obligations.” ’ [Citation.] (Jolley v. Chase Home Finance, LLC (2013) 213 Cal.App.4th 872, 909.) “ ‘ “ ‘The purpose of a declaratory judgment is “to serve some pr