Is a plaintiff entitled to a declaratory judgment that also seeks monetary relief in the form of defense costs?

MultiRegion, United States of America

The following excerpt is from Ark Telecommunications, Inc. v. State Farm Fire and Cas. Co., 116 F.3d 1485 (9th Cir. 1997):

Similarly, in Karussos, we held that an action for declaratory relief which also sought monetary relief in the form of defense costs was "dependent on the district court's first favorably resolving its claim for declaratory relief." 65 F.3d at 801. Again, we concluded that the action was "plainly one for a declaratory judgment." Id; see also Polido v. State Farm Mut. Auto. Ins. Co., 110 F.3d 1418, 1421 n. 4 (9th Cir.1997) (distinguishing between contribution claims, which do not accrue until there is a determination of liability under the insurance policy, and claims for monetary relief not "wholly dependent" upon a favorable decision in the declaratory relief action).

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