Is there any need for a declaratory judgment procedure to be used in this case?

California, United States of America


The following excerpt is from Babb v. Superior Court, 3 Cal.3d 841, 479 P.2d 379, 92 Cal.Rptr. 179 (Cal. 1971):

Nor is there any particular need to employ the declaratory judgment procedure in this situation. The purpose of a judicial declaration of rights in advance of an actual tortious incident is to enable the parties to shape their conduct so as to avoid a breach. '(D)eclaratory procedure operates prospectively, and not merely for the redress of past wrongs. It serves to set controversies at rest before they lead to repudiation of obligations, invasion of rights or commission of wrongs; in short, the remedy is to be used in the interests of preventive justice, to declare rights rather than execute them.' (Travers v. Louden (1967) 254 Cal.App.2d 926, 931, 62 Cal.Rptr. 654, 658; see Bachis v. State Farm Mutual Auto. Ins. Co. (1968) 265 Cal.App.2d 722, 727--728, 71 Cal.Rptr. 486.) No such preventive benefit is possible here.

Other Questions


In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
What is the test for adding a judgment debtor to a judgment against a debtor in a personal injury case? (California, United States of America)
What is the procedure used by law enforcement in cases involving sexual assault cases? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would change the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.