This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Declaratory Judgment Example In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-000279
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FAQ
Answer—Contract (PLD-C-010) Tells the court and the other side that you challenge the Complaint-Contract, and what defenses you might raise.
Superior Court of Alameda County.
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
Civil Case Cover Sheet (CM-010) Tells the court some basic information about a case being filed. Filed at the beginning of all civil cases except family law cases. Get form CM-010.
In other words, there generally must be an injury for which the court can grant relief prior to a party bringing a lawsuit. Declaratory judgment actions are an exception to this rule and permit a party to seek a court judgment that defines the parties' rights before an injury occurs.
A declaratory judgment is a ruling of the court to clarify something (usually a contract provision) that is in dispute. A summary judgment is a ruling that a case or portion of a case must be dismissed because there are no triable issues of material fact in dispute.
Declaratory Relief is a legal procedure designed for those seeking “preventive justice.” Specifically, its purpose is to “set controversies at rest before they lead to repudiation of obligations, invasions of rights or commissions of wrongs.” It is a vehicle to allow a presumptive defendant or respondent take ...
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
An example of a declaratory judgment in an insurance situation may occur when a policyholder and an insurer disagree about whether a particular claim is covered under the insurance policy. For instance, suppose a homeowner files a claim with their insurance company for damages to their home caused by a storm.
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.