In what circumstances will the California Court of Appeal order declaratory relief?

MultiRegion, United States of America

The following excerpt is from Los Angeles County Bar Ass'n v. Eu, 979 F.2d 697 (9th Cir. 1992):

Even if we had jurisdiction, I would not think a declaratory judgment appropriate. Declaratory judgments are discretionary. United States v. Washington, 759 F.2d 1353, 1356-57 (9th Cir.) (en banc), cert. denied, 474 U.S. 994, 106 S.Ct. 407, 88 L.Ed.2d 358 (1985). The court of appeals "must exercise its own sound discretion," and declaratory relief should be denied where "it will neither serve a useful purpose in clarifying and settling the legal relations in issue nor terminate the proceedings and afford relief from the uncertainty and controversy faced by the parties." Id. We cannot properly declare that the state legislative decision to allocate 224 or 238 judges to Los Angeles County is

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