California Complaint for Declaratory Judgment and Interpleader Action or Burial Policy
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How to fill out Complaint For Declaratory Judgment And Interpleader Action Or Burial Policy?
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FAQ
'In an interpleader action, the court initially determines the right of the plaintiff to interplead the funds; if that right is sustained, an interlocutory decree is entered which requires the defendants to interplead and litigate their claims to the funds. ' [Citation.]
While denominated "causes of action" in the complaint, declaratory and injunctive relief are remedies, not causes of action. (McDowell v. Watson (1997) 59 Cal.
An interpleader is a way for a party who holds property (a stakeholder) to initiate a suit between all claimants, who are parties claiming a right to that property. An interpleader allows the stakeholder to bring all claimants into the same action, instead of litigating against claimants in separate actions.
The action of interpleader may be maintained although the claims have not a common origin, are not identical but are adverse to and independent of one another, or the claims are unliquidated and no liability on the part of the party bringing the action or filing the cross-complaint has arisen.
An interpleader suit is a suit in which the real dispute is between the defendants only and the defendants interplead (plead against each other) instead of pleading against the plaintiff in an ordinary suit.
A declaratory judgment is legally binding and has the same result and power than a final judgment. These judgments are also known as a declaration or declaratory relief.
Another example is that an escrow holder in a real estate transaction holds a deposit and the parties are arguing about whether one or the other should receive the deposit back. In such cases, the escrow holder will often file an interpleader action.
Preface: An interpleader suit is one in which the real controversy/dispute is not between the plaintiff and the defendant, but is rather between the defendants only, who inter-plead against each other.
