Can a declaratory relief action be considered a contract?

This misses the point. As plaintiffs point out, that the evidence proving or disproving stock ownership was based on contract does not transform the declaratory relief action into a contract claim. Moreover, "questions relating to the formation of a contract, its validity, its construction and effect, excuses for nonperformance, and termination are proper subjects for declaratory relief. [Citation.]" (Fowler v. Ross (1983) 142 Cal.App.3d 472, 478.) Further, defendants had a separate breach of contract cause of action in their cross-complaint in which they sought damages. And, pursuant to defendants' motion, the declaratory relief claims were heard first, separate from the rest

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