What is the test for establishing a cause of action for declaratory relief?

California, United States of America


The following excerpt is from Wilson v. Transit Authority of City of Sacramento, 19 Cal.Rptr. 59, 199 Cal.App.2d 716 (Cal. App. 1962):

'* * * To state a cause of action for declaratory relief under section 1060 of the Code of Civil Procedure appropriate facts should be alleged from which the court may determine that an 'actual controversy relating to the legal rights and duties of the respective parties' exists.'

Ephraim v. Metropolitan Trust Co., 28 Cal.2d 824, 836, 172 P.2d 501, 509:

'* * * And since no present legal controversy exists, a cause of action for declaratory relief is not stated.'

Merkley v. Merkley, 12 Cal.2d 543, 547, 86 P.2d 89, 91:

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