Complaint For Declaratory Judgment And Injunctive Relief California In New York
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FAQ
Injunctive relief is not a cause of action, but a remedy. (McDowell v. Watson (1997) 59 Cal. App.
Legal definition of a cause of action A cause of action must include a legally recognized harm or injury caused by the defendant's actions or failure to act, as well as the necessary elements to establish liability, such as duty, breach, causation, and damages.
Injunctive relief in a breach of contract claim is a court-ordered legal remedy whereby the court orders a party to either do something or refrain from doing something. Injunctive relief is sought when a breach of contract threatens to cause irreparable harm that can't be adequately compensated by monetary damages.
While denominated "causes of action" in the complaint, declaratory and injunctive relief are remedies, not causes of action. (McDowell v. Watson (1997) 59 Cal.
The Second Department affirmed. The Court noted that while an action for a declaratory judgment is generally governed by a six-year statute of limitations (see CPLR 2131), the applicable statute of limitations in a declaratory judgment action is determined by the substantive nature of the claim.
Declaratory judgment. The supreme court may render a declaratory judgment having the effect of a final judgment as to the rights and other legal relations of the parties to a justiciable controversy whether or not further relief is or could be claimed.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
It may sometimes be necessary to get a declaratory judgment to clear the air regarding policy-related issues. A party typically files a petition or complaint with the court to obtain a declaratory judgment, asking for a declaration or ruling on the specific legal issue in question.
Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.
