Does a declaratory relief action have to be tried before the trial of a personal injury action?

However, petitioner may not insist that the declaratory relief action be tried first. The entertainment of such action and the granting of declaratory relief are matters within the discretionary power of the court. Code Civ.Proc. [47 Cal.2d 433] 1061; Hannula v. Hacienda Homes, 34 Cal.2d 442, 448, 211 P.2d 302, 19 A.L.R.2d 1268. It is true that it is provided that such actions 'shall be set for trial at the earliest possible date and shall take precedence of all other cases, except older matters of the same character and matters to which special precedence may be given by law.' Code Civ.Proc. 1062a. But said section 1062a does not purport to override the discretionary power given to the trial court to 'refuse to exercise the power granted by this chapter in any case where it declaration or determination is not necessary or proper at the time under all the circumstances.' Code Civ.Proc., 1061. The trial court therefore had, and still has, the discretion to determine whether the declaratory relief action should be entertained 'at the time under all the circumstances.' In the present case, the personal injury actions were at issue and set for trial before the declaratory relief action was at issue. In our view, section 1062a was never intended under such circumstances to compel the trial court to delay the trial of the coercive actions until after the trial of the declaratory relief action merely because the coercive actions might involve the determination of the same or a somewhat similar issue. Any conclusion to the contrary would permit the use of an action for declaratory relief as a device to delay the trial of any such coercive action previously at issue and set for trial. We therefore conclude that the trial court could have properly determined in its discretion, and may still determine following the severance, that the granting of declaratory relief is not 'necessary or proper at the time under all the circumstances.' There is therefore no basis for the issuance of a writ of mandate commanding the trial court to order the trial of the declaratory relief action prior to the trial of the personal injury actions.