This form is a Complaint for Declaratory Relief. The plaintiff desires judgment against the defendant and other relief that the court deems to be proper.
Sample Complaint For Declaratory Relief California Withholding
State:
California
Control #:
CA-5007-KL
Format:
Word;
Rich Text
Instant download
Description
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How to fill out California Complaint For Declaratory Relief Of Dispute?
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FAQ
Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or her rights or duties with respect to another, or in respect to, in, over or upon property, or with respect to the location of the natural channel of a watercourse, may, in cases of ...
"A complaint for declaratory relief is legally sufficient if it sets forth facts showing the existence of an actual controversy relating to the legal rights and duties of the respective parties under a written instrument and requests that these rights and duties be adjudged by the court." (Maguire v. Hibernia S. & L.
Since there is no limitations period specifically addressed to the declaratory judgment action, it generally falls under the ?catch-all? provision of CPLR 213[1] and gets six years as ?an action for which no limitation is specifically prescribed by law.? That being the case, you assume1 your declaratory judgment cause ...
While denominated "causes of action" in the complaint, declaratory and injunctive relief are remedies, not causes of action. (McDowell v. Watson (1997) 59 Cal.
A plaintiff seeking declaratory relief must show that there is an actual controversy even though declaratory relief will not order enforceable action against the defendant. An actual controversy means there is a connection between the challenged conduct and injury, and redressability that the court could order.