What is the test for dismissing a class action for declaratory relief?

The record of the case at bench discloses a substantial reason supporting the trial court's refusal to grant a declaration of the rights of the named plaintiffs. An action for declaratory relief lies only to adjudge a present dispute concerning the rights of the parties. Such an action is not appropriate where 'the situation has not developed which would require the construction of any instrument * * * relied on by the plaintiff.' (Merkley v. Merkley, 12 Cal.2d 543, 547, 86 P.2d 89, 91.) In the case at bench, respondents waived any right they might have to treat

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Propriety of Dismissal--Class Action

We find no reversible error in the action of the trial court dismissing the class action for declaratory relief. Where the pleadings establish as a matter of law that any declaration of rights will be adverse to all the contentions asserted by the appellant, a judgment of dismissal need not be reversed on appeal. In that situation, the appellate opinion affirming the correctness of the trial court's determination becomes the law of the case and has the practical effect of a declaratory judgment. (Fairchild v. Bank of America, 192 Cal.App.2d 252, 261-262, 13 Cal.Rptr. 491; see Witkin, California Procedure (1967 Supp.) Pleading, 456, and cases there cited.)