Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or her rights or duties with respect to another, or in respect to, in, over or upon property, or with respect to the location of the natural channel of a watercourse, may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his or her rights and duties in the premises, including a determination of
any question of construction or validity arising under the instrument or contract. He or she may ask for a declaration of rights or duties, either alone or with other relief; and the court may make a binding declaration of these rights or duties, whether or not further relief is or could be claimed at the time. The declaration may be either affirmative or negative in form and effect, and the declaration shall have the force of a final judgment. The declaration may be had before there has been any breach of the obligation in respect to which said declaration is sought.
Of Miscellaneous ProvisionsDeclaratory Relief
Section § 1060
This law allows someone to ask a court to clarify their legal rights or obligations under a written document (but not a will or trust), a contract, property issues, or water channel disputes. If there's a real disagreement about what each party is supposed to do legally, a person can file a lawsuit in a superior court to get a formal declaration of their rights and duties. This declaration is as binding as a final court ruling, and it can be requested even before any rules have been broken.
declaratory relief contract rights property rights
Section § 1060.5
If you believe you don't live in California for tax purposes, you can ask a court in Sacramento, Los Angeles, or San Francisco to decide if that's true. This helps determine if you should pay California state income taxes, based on specific rules mentioned in another section of tax law.
Any individual claiming to be a nonresident of the State of California for the purposes of the Personal Income Tax Law may commence an action in the Superior Court in the County of Sacramento, or in the County of Los Angeles, or in the City and County of San Francisco, against the Franchise Tax Board to determine the fact of his or her residence in this state under the conditions and circumstances set forth in Section 19381 of the Revenue and Taxation Code.
nonresident tax status Franchise Tax Board residence determination
Section § 1061
The court has the authority to decide not to make a ruling or judgment in a case if it thinks that doing so is either not needed or unsuitable given the situation at that moment.
The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper at the time under all the circumstances.
court discretion unnecessary ruling improper determination
Section § 1062
This law says that the legal remedies in this chapter can be combined with other legal options. It doesn't limit anyone from seeking more legal help based on the same situation, even if a judgment has been made.
The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party to such action, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts.
cumulative remedies additional relief provisional remedy
Section § 1062.3
This law is about how quickly certain court cases should be scheduled. Generally, cases under this chapter should be given priority and set for trial as soon as possible. However, if someone is asking for more than just a declaration of rights and duties, they must request a speedy trial in court and explain why it's necessary.
(a)CA Civil Procedure Code § 1062.3(a) Except as provided in subdivision (b), actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law.
(b)CA Civil Procedure Code § 1062.3(b) Any action brought under the provisions of this chapter in which the plaintiff seeks any relief, in addition to a declaration of rights and duties, shall take such precedence only upon noticed motion and a showing that the action requires a speedy
trial.
trial precedence court scheduling declaration of rights
Section § 1062.5
This law allows insurers who provide professional liability insurance to health care providers, as well as the providers themselves or others who might be affected, to go to court to clarify their rights, duties, and obligations related to professional negligence. The Attorney General and others deemed essential by the court can join the case. The case must start in the county where the Attorney General is based and be scheduled quickly. The court's decision will be like a final judgment and can be appealed swiftly. This law adds to, but does not limit, other legal options available to the parties involved.
Any insurer who issues policies of professional liability insurance to health care providers for professional negligence, as defined in Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session, any health care provider covered by such a policy, or any potentially aggrieved person, may bring an action in the superior court for a declaration of its, his, or her rights, duties, and obligations under Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session.
The court shall permit any of the following persons to intervene in the action:
(1)CA Civil Procedure Code § 1062.5(1) The Attorney General.
(2)CA Civil Procedure Code § 1062.5(2) Any other person whose appearance is determined by the court to be essential to a complete determination or settlement of any issues in the action.
The action shall be commenced in the superior court in the county in which the Attorney General is required to reside and keep his office pursuant to Section 1060 of the Government Code.
The action shall be set for trial at the earliest possible date and shall take precedence over all cases other than those in which the state is a party.
The court may make a binding declaration of the rights, duties, and obligations of the insurer, whether or not further relief is or could be claimed at the time. The declaration may be affirmative or negative in form and effect and shall have the force
and effect of a final judgment.
If the declaration is appealed, the appeal shall be given precedence in the court of appeal and Supreme Court and placed on the calendar in the order of its date of issue immediately following cases in which the state is a party.
The remedy established by this section is cumulative, and shall not be construed as restricting any remedy established for the benefit of any party to the action by any other provision of law. No declaration under this section shall preclude any party from obtaining additional relief based upon the same facts.
professional liability insurance health care providers professional negligence
