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.
Motion For Declaratory Judgment Sample In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000279
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Word;
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FAQ
Declaratory relief, also commonly known as declaratory judgment or declaration, is a form of discretionary remedy which parties may seek from the court. A declaration is essentially a statement made by the court at the request of a party.
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.
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 difference of opinion must ripen into an actual concrete controversy to give rise to a justiciable case for which declaratory relief is appropriate. Furthermore, the controversy must be such as to be capable of resolution by a judgment that decrees, rather than suggests, what the parties can or cannot do.
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.
A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, ...
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.
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Declaratory Relief is a legal procedure designed for those seeking "preventive justice. " Specifically, its purpose is to "set controversies at rest.Petition for Writ of Mandate and Complaint for Declaratory and Injunctive relief in the matter of. O'Neill Rogge v. Fleming. You can find these court forms and more information at the California Courts. Financial's motion to dismiss Defendants' first counterclaim for a declaratory judgment is. This is especially true in a declaratory judgment action. Venue is also appropriate in Ingham County Michigan under MCL. City of San Jose, 485 U.S. 1, 8 (1988); Blum v. LISA STRUGALA, Plaintiff, v.