Declaratory Relief

Code of Civil Procedure Part 2, Title 14, Chapter 8 deals with declaratory relief in civil actions.

Section 1060 provides that 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, may 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.

Section 1060.5 provides that 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.

Section 1061 says that 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.

Section 1062 states that the remedies provided by this chapter are cumulative, and are not to be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party to such action.

Section 1062.3 provides that actions brought under the provisions of this chapter must be set for trial at the earliest possible date and take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law.

Section 1062.5 states that any insurer who issues policies of professional liability insurance to health care providers for professional negligence, 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.

The court must permit any of the specified persons to intervene in the action. The action must be commenced in the superior court in the county in which the Attorney General is required to reside and keep his office. And, the action must be set for trial at the earliest possible date and take precedence over all cases other than those in which the state is a party.