What is the test for declaratory relief under section 1060 of the California Code of Civil Procedure?

Code of Civil Procedure section 1060 provides that any person "interested under a written instrument . . . or under a contract" may, "in cases of actual controversy relating to the legal rights and duties of the respective parties," bring an original action or cross-complaint for a declaration of its rights or duties. Granting relief under this section is discretionary; under section 1061, the trial court "may refuse to exercise the power granted by [section 1060] in any case where its declaration or determination is not necessary or proper at the time under all the circumstances." (See also DeLaura v. Beckett (2006) 137 Cal.App.4th 542, 545 [a decision whether to grant declaratory relief is reviewed for abuse of discretion].)

Page 8