What is the test for making a declaration of rights under the first cause of action?

California, United States of America


The following excerpt is from Osteopathic Physicians and Surgeons of Cal. v. California Medical Ass'n, 224 Cal.App.2d 378, 36 Cal.Rptr. 641 (Cal. App. 1964):

In this proceeding which came before the court on demurrer, it was proper under the circumstances here for the court (after waiver of notice by plaintiffs) to make a declaration of rights under the first cause of action for declaratory relief. (See Essick v. City of Los Angeles, 34 Cal.2d

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