California, United States of America
The following excerpt is from Shetty v. Nations Tar Mortg. LLC, H045125 (Cal. App. 2020):
The trial court properly sustained the demurrer to this cause of action. "The requirement that plaintiffs seeking declaratory relief allege 'the existence of an actual, present controversy' [citation] would be illusory if a plaintiff could meet it simply by pointing to the very lawsuit in which he or she seeks that relief. Obviously, the requirement cannot be met in such a bootstrapping manner; 'a request for declaratory relief will not create a cause of action that otherwise does not exist' [Citation.]" (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 80.)
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