Does the statute of limitations bar a plaintiff from seeking declaratory relief as a result of the failure to pay the Additional Amount?

California, United States of America


The following excerpt is from BMC Promise Way, LLC v. Cnty. of San Benito, H046707 (Cal. App. 2021):

The parties dispute whether various statutes of limitations bar plaintiff's actions for declaratory relief. Limitations statutes" 'applicable to ordinary actions at law and suits in equity should be applied in like manner to actions for declaratory relief.'" (Abbott v. City of Los Angeles (1958) 50 Cal.2d 438, 463.) When, as here," 'declaratory relief is sought "before there has been a breach of the obligation in respect to which said declaration is sought," or within the statutory period after the breach, the right to such relief is not barred by lapse of time.'" (Ibid.) Because plaintiff paid the Additional Amount fees under protest and promptly sought a declaration of its rights and duties under the annexation agreement, its actions under Code of Civil Procedure section 1060 seeking declaratory relief are timely as to whether the annexation agreement compels it to pay those fees.

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