California Complaint for Damages and Declaratory Judgment
Description
How to fill out Complaint For Damages And Declaratory Judgment?
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FAQ
While denominated "causes of action" in the complaint, declaratory and injunctive relief are remedies, not causes of action. (McDowell v. Watson (1997) 59 Cal.
Declaratory Relief is a legal procedure designed for those seeking ?preventive justice.? Specifically, its purpose is to ?set controversies at rest before they lead to repudiation of obligations, invasions of rights or commissions of wrongs.? It is a vehicle to allow a presumptive defendant or respondent take ...
The controversy must be real, involving justiciable questions that relate to the parties' rights and obligations. For example, a party may bring an action for declaratory relief before an actual breach or invasion of rights has occurred. However, the action must be based on an actual controversy with known parameters.
Declaratory judgment actions are an exception to this rule and permit a party to seek a court judgment that defines the parties' rights before an injury occurs. A declaratory judgment differs from other judgments because it does not provide for any enforcement or order a party to take any action or pay damages.
Declaratory judgment and injunction Order (Injunctive Relief) are different in nature but same in purpose. The effects and outcomes may be varying ing to situation and requirements. The judgment doesn't award the remedies but the injunctive relief awards the remedies on the temporary or permanent base.
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 declaratory judgment does not by itself order any action by a party, or imply damages or an injunction, although it may be accompanied by one or more other remedies.
