What is the statute of limitations for declaratory relief?

California, United States of America


The following excerpt is from United Pacific-Reliance Ins. Co. v. DiDomenico, 173 Cal.App.3d 673, 219 Cal.Rptr. 119 (Cal. App. 1985):

The leading case involving the statute of limitations for declaratory relief actions is Maquire v. Hibernia S. & L. Soc. (1944) 23 Cal.2d 719, 146 P.2d 673 2 "[T]he period of limitations applicable to ordinary actions at law and suits in equity should be applied in like manner to actions for declaratory relief. Thus, if declaratory relief is sought with reference to an obligation which has been breached and the right to commence an action for 'coercive' relief upon the cause of action arising therefrom is barred by statute, the right to declaratory relief is likewise barred. On the other hand, if declaratory relief is sought 'before there has been a breach of the obligation in respect to which said declaration is sought,' or within the statutory period after the breach, the right to such relief is not barred by lapse of time. [Citation.] There is no anomaly in the fact that a party may

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