File For Declaratory Judgment In Los Angeles
Description
Form popularity
FAQ
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, ...
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.
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.
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.
They are generally requested when a lawsuit is threatened but before the lawsuit is actually filed, when a conflict might exist between a party's or parties' rights under law or under contract and as a way to prevent multiple lawsuits from the same plaintiff.
If you do this, the Judgment Debtor will not be able to sell or refinance that property without paying you first. To do this, fill out an EJ-001 Abstract of Judgment form and take it to the clerk's office. After the clerk stamps it, record it at the County Recorder's Office in the county where the property is located.
If you do this, the Judgment Debtor will not be able to sell or refinance that property without paying you first. To do this, fill out an EJ-001 Abstract of Judgment form and take it to the clerk's office. After the clerk stamps it, record it at the County Recorder's Office in the county where the property is located.
A declaratory judgment is a final judgment entered by the court that adjudicates you as the owner of the vehicle. You need to name the prior owners in the lawsuit. And, you need to have them served. Of course, that's hard to do if you don't know where they live. But, you could even have them served via publication.