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 Without Cause
State:
California
Control #:
CA-5007-KL
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out California Complaint For Declaratory Relief Of Dispute?
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FAQ
The controversy must be real, involving justiciable questions that relate to the parties' rights and obligations. For example, a party may bring an action for declaratory relief before an actual breach or invasion of rights has occurred. However, the action must be based on an actual controversy with known parameters. Declaratory Relief | Simas & Associates, Ltd. simasgovlaw.com ? declaratory-relief simasgovlaw.com ? declaratory-relief
"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. Coruccini v. Lambert :: :: California Courts of Appeal Decisions justia.com ? cases ? california ? court-of-appeal justia.com ? cases ? california ? court-of-appeal
While denominated "causes of action" in the complaint, declaratory and injunctive relief are remedies, not causes of action. (McDowell v. Watson (1997) 59 Cal. Is declaratory and injunctive relief a cause of action?... - Alexi Matters alexi.com ? matters ? issues ? is-declaratory-... alexi.com ? matters ? issues ? is-declaratory-...
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 ...
An example of this in a case involving contracts would be a party seeking an interpretation of the contract to determine their rights. Another example would be an insured individual seeking a specific determination of their rights and surrounding circumstances regarding insurance coverage under a specific policy. declaratory relief | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? declaratory_relief cornell.edu ? wex ? declaratory_relief