What is the test for a court to grant complete relief in a declaratory judgment action?

California, United States of America


The following excerpt is from Bisno v. Sax, 175 Cal.App.2d 714, 346 P.2d 814 (Cal. App. 1959):

Equity having taken jurisdiction over a cause does complete justice, even to the extent of exceeding the specific prayers of the complaint when necessary. Petersen v. Ridenour, 135 Cal.App.2d 720, 727, 287 P.2d 848, 852: 'It is fundamental that equity, having taken jurisdiction, will grant complete relief. This is especially true in a declaratory judgment action. 'If a controversy exists as in this proceeding and a complaining party is entitled to some relief a trial court may not refuse to declare the rights of the parties concerning the controversy. [Citation.] The purpose of the action is to set at rest or at least quiet, until the occurrence of further events, the rights and relations of the parties. [Citations.]' [T]he absence of a prayer is not fatal, the court being charged under section 580 Code of Civil Procedure with the duty in a contested case of granting any relief consistent with the case made by the complaint and embraced within the issue.' See also, Selby v. Battley, 149 Cal.App.2d 659, 664-665, 309 P.2d 120.

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