What is the test for determining the rights and duties of the parties in an action for declaratory relief?

California, United States of America


The following excerpt is from Crees v. California State Bd. of Medical Examiners, 213 Cal.App.2d 195, 28 Cal.Rptr. 621 (Cal. App. 1963):

There is no merit whatever in plaintiffs' apparent suggestion that the court erred in declaring the rights and duties of the parties on the basis of the pleadings, the stipulations and the pre-trial conference order. 'The propriety of adjudicating the respective contentions of the parties upon the pleadings in an action for declaratory relief by means of a motion for judgment on the pleadings is recognized and established in this state.' (Wilson v. Board of Retirement, 156 Cal.App.2d 195, 201, 319 P.2d 426, 429.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a party who transfers his interest in an action after the action has been commenced and before judgment the proper party to appeal? (California, United States of America)
Does a declaratory relief action have to be tried before the trial of a personal injury action? (California, United States of America)
Does a prior judgment dismissing a declaratory relief action to establish parental relationship with child conceived by artificial insemination with anonymous donor preclude a subsequent breach of contract action? (California, United States of America)
When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
What is the test for determining whether a party to a motor vehicle accident can be held liable for injuries sustained as a result of the intervening actions of a third party? (California, United States of America)
What is the test for determining whether a party to a long-term relationship with another party has a right to receive support payments after the relationship has ended? (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)
Is a declaratory relief or injunctive relief a cause of action? (California, United States of America)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.