Does section 1061 of the Code of Civil Procedure allow the trial court to refuse to render a declaratory judgment?

California, United States of America


The following excerpt is from Foster v. Masters Pontiac Co., 158 Cal.App.2d 481, 322 P.2d 592 (Cal. App. 1958):

'[S]ection 1061 of the Code of Civil Procedure, which allows the trial court to refuse to render a declaratory judgment, does not apply where, upon the facts stated, the plaintiff is entitled to some relief in connection with the matter which occasioned the controversy.' Lord v. Garland, 27 Cal.2d 840, 852, 168 P.2d 5, 12 'Where, therefore, a case is properly before the trial court, under a complaint which is legally sufficient and sets forth facts and circumstances showing that a declaratory adjudication is entirely appropriate, the

Page 595

At the time in question, section 2982(a) of the Civil Code provided:

Other Questions


Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Does the trial court stay either count 1 or count 3 under section 654 of the California Civil Code of Civil Procedure Act? (California, United States of America)
Is there an exception to section 654 of section 667.6 of the California Code of Civil Procedure to allow for multiple sentences for sex crimes committed during an indivisible transaction? (California, United States of America)
What is the test for a civil action under Section 1983 of the Civil Code of Civil Procedure? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
How have courts interpreted section 19996.2(a) of the California Civil Code of Civil Procedure when determining whether an employee has been on an unauthorized leave for a period of time? (California, United States of America)
Does section 1108 of the California Code of Civil Procedure, Section 1108, allow for "propensity evidence" in sexual assault cases? (California, United States of America)
Does section 1237.5 of the California Civil Code allow a defendant to appeal against a judgment made by the Superior Court of Justice against him? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.