What is the test for determining whether a person has a right to sue under the California Civil Rights Act?

California, United States of America


The following excerpt is from Pacific Mut. Life Ins. Co. of Cal. v. McConnell, 285 P.2d 636, 44 Cal.2d 715 (Cal. 1955):

In Merkley v. Merkley, 12 Cal.2d 543, 547, 86 P.2d 89, 91, the court stated that 'The facts in the record present an academic question only. The courts will not exercise the discretionary power to declare rights which do not give rise to a present controversy.'

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