What is the state of the law in favour of declaratory relief?
California, United States of America
The following excerpt is from Sanctuary Retreat Props., LLC v. Shekhter, D071678 (Cal. App. 2017):
Because of the focus on prospective relief, courts have "considerable discretion" to deny declaratory relief when resolution of the controversy " 'would have little practical effect in terms of altering parties' [future] behavior.' " (Poniktera v. Seiler (2010) 181
Page 23
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant recover attorney fees from a plaintiff who voluntarily dismissed the declaratory relief cause of action along with the request for injunctive relief? (California, United States of America)
Is a declaratory relief or injunctive relief a cause of action? (California, United States of America)
Does a court have jurisdiction to dismiss a motion seeking declaratory relief in a federal or state action? (California, United States of America)
Does the rule of exhaustion of administrative remedies apply equally to an action for declaratory relief or for equitable relief? (California, United States of America)
Can a plaintiff bring a declaratory relief action for personal injury relief after the statute of limitations has expired? (California, United States of America)
What is the state of the mental state defense? (California, United States of America)
When will the California State Bar's disciplinary review department be bound by the findings of fact of the State Bar? (California, United States of America)
What is the current state of the law on a second and successive petition for post-conviction relief? (California, United States of America)
Does the withholding of voluntary intoxication evidence to negate the mental state of arsonist negate his mental state? (California, United States of America)
What is the state of the mental state of defendant in the context of his assault on a prison guard? (California, United States of America)
