What is the test for a declaratory relief action based on a contract?
California, United States of America
The following excerpt is from Fayek v. Pub. Emps.' Ret. Sys., C077689, C078733 (Cal. App. 2019):
A declaratory relief action based on a contract must be pursued in advance of a breach, "so that parties may know their rights and obligations where a controversy arises before a breach or violation occurs." (Kessloff v. Pearson (1951) 37 Cal.2d 609, 613.) Where the breach as already occurred, no action for declaratory relief lies.
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