Declaratory Statement With Multiple Conditions In Los Angeles
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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.
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.
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.
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.
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.
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 party seeking an ex parte order must notify all parties no later than a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.
Management of short cause cases. A short cause case is a civil case in which the time estimated for trial by all parties or the court is five hours or less. All other civil cases are long cause cases.
A motion made for the purpose of precluding the mention or display of inadmissible and prejudicial matter in the presence of the jury must be accompanied by a supporting declaration. LASC LR 3.57(a) (amended eff 7/1/14).
Ing to California rules, a declaration (attached to your RFO or response to RFO) must not exceed 10 pages. That said, it's rare you'd need 10 pages to convey your point. In fact, judges get frustrated when you repeat facts or requests or include irrelevant information.
