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California Complaint For Declaratory Judgment To Determine Credit Life Policy Coverage
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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.
Declaratory relief refers to a court's declaratory judgment stating the rights of parties without ordering any specific action or listing awards for damages.
Declaratory relief allows a party who is not certain of his rights to prevent the accrual of avoidable damages and to obtain an adjudication before the parties bring a coercive lawsuit.
Declaratory relief. n. a judge's determination (called a "declaratory judgment") of the parties' rights under a contract or a statute often requested (prayed for) in a lawsuit over a contract. The theory is that an early resolution of legal rights will resolve some or all of the other issues in the matter.
Since there is no limitations period specifically addressed to the declaratory judgment action, it generally falls under the ?catch-all? provision of CPLR 213[1] and gets six years as ?an action for which no limitation is specifically prescribed by law.? That being the case, you assume1 your declaratory judgment cause ...
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, ...
While denominated "causes of action" in the complaint, declaratory and injunctive relief are remedies, not causes of action. (McDowell v. Watson (1997) 59 Cal.