Adams Stirling PLC


A proceeding for declaratory relief can only be properly invoked to “declare rights and not to determine or try issues.” Loomis Fruit Growers’ Assoc. v. California Fruit Exch., 128 Cal. App. 265, 281 (1932). The purpose of a judicial declaration is so that parties may ascertain their rights and act accordingly so as to avoid committing torts and engaging in unnecessary litigation. Babb v. Sup. Ct. (Huntington, 3 Cal. 3d 841, 848 (1971); see Kessloff v. Pearson, 37 Cal. 2d 609, 613 (1951).

Declaratory relief is unnecessary where an adequate remedy exists under some other form of action. Pacific Electric Railway Co. v. Dewey, 95 Cal. App. 2d 69, 71 (1949). While the availability of other relief is not an absolute bar to declaratory relief, it is a significant factor to be considered and may justify a refusal to grant declaratory relief. Herrmann v. Fireman’s Fund Ins. Exch., 127 Cal. App. 2d 560, 566 (1954); General of America Ins. Co. v. Lilly, 258 Cal. App. 2d 465, 471 (1968).

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC