Is a motion for declaratory relief necessary to review an administrative order?

California, United States of America


The following excerpt is from Chapman v. Division of Real Estate of State of Cal., 153 Cal.App.2d 421, 314 P.2d 773 (Cal. App. 1957):

In United States v. Superior Court, 19 Cal.2d 189, 194, 120 P.2d 26, it was held that it is now firmly established in this state that a litigant must invoke and exhaust an administrative remedy provided by statute before he may resort to the courts; that jurisdiction to entertain an action for judicial relief is conditioned upon the completion of the administrative procedure; that it lies within the power of the administrative agency to determine in the first instance and before judicial relief may be obtained, whether a given controversy[153 Cal.App.2d 432] falls within the statutory grant of jurisdiction; and that even where the statute sought to be applied and enforced by the administrative agency is challenged upon constitutional grounds, completion of the administrative remedy has been held to be a prerequisite to equitable relief. (Citing cases.)

In Hostetter v. Alderson, 38 Cal.2d 499, 500, 241 P.2d 230, it was held that an action for declaratory relief is not appropriate for a review of an administrative order.

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