Chapter 8 - Declaratory Relief

California Code of Civil Procedure — §§ 1060-1062.5

Sections (13)

Amended by Stats. 2002, Ch. 784, Sec. 73. Effective January 1, 2003.

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.

Amended by Stats. 1996, Ch. 952, Sec. 1. Effective January 1, 1997.

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.

Added by Stats. 1921, Ch. 463.

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.

Added by Stats. 1921, Ch. 463.

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.

Added by renumbering Section 1062a by Stats. 1980, Ch. 676, Sec. 66.

(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)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.

Added by Stats. 1979, Ch. 373.

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)The Attorney General.
(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.

Amended by Stats. 1986, Ch. 62, Sec. 1. Effective April 23, 1986.

No person or legal entity may maintain an action in any court in this state to enforce the terms of a real property sales contract as defined in Section 2985 of the Civil Code or a conditional sale contract on a mobilehome subject to local property taxation and subject to Division 13 (commencing with Section 18000) of Part 2 of the Health and Safety Code, providing for a change in ownership of real property or of a mobilehome subject to local property taxation until the agreement is duly recorded by the county recorder or the change-in-ownership statement required by Section 480 of the Revenue and Taxation Code is filed as

provided in that section.

This section shall apply to the enforcement of those agreements which are alleged to have transferred ownership of real property or of a mobilehome subject to property taxation which are entered into after January 1, 1986.

Added by Stats. 1995, Ch. 507, Sec. 1. Effective January 1, 1996.

(a)In accordance with rules and policy of the Judicial Council, each court may establish and operate an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in the following civil actions:
(1)Enforcement of court orders, including orders for visitation, child custody, and property division.
(2)Landlord and tenant actions.
(3)Uncontested dissolution of marriage.
(4)Probate of a will.
(b)The computer system may also provide standardized information to users, including, but not limited to, information regarding calculations for child and spousal support payments that meet the requirements described in Section 3830 of the Family Code, court procedures, rights and responsibilities of landlords and tenants, and alternative dispute resolution.
(c)The court may contract with a private entity to establish and operate the program and collect any fees described in subdivision (d).
(d)The court may establish and collect fees from the program not to exceed the reasonable costs to establish and operate the

program.

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.

This chapter applies to any claim or lawsuit against a foster family agency or a noncustodial adoption agency for the acts of their employees, contractors, or volunteers brought by a recipient of those services or on the recipient’s behalf.

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.

It is the public policy of the State of California that foster family agencies or noncustodial adoption agencies, also known as FFAs, provide necessary services to vulnerable youth throughout the state and are integral to the foster care system. Consequently, FFAs are afforded the rights set forth in this chapter.

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.

For the purposes of this chapter, the following definitions apply:

(a)“FFA” means a foster family agency or a noncustodial adoption agency, as these terms are defined in Section 1502 of the Health and Safety Code.
(b)“Public entity” has the same meaning as defined in Section 811.2 of the Government Code.

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.

(a)An FFA may be held liable for injury or damage caused by the negligence of the FFA but not for the injury or damage caused by the public entity, including its officers, employees, or volunteers, acting in its capacity. The FFA and the public entity shall each bear the cost of insuring against their respective acts and omissions and shall each bear the costs of defending itself against claims arising from those risks.
(b)(1) Notwithstanding any other law, subdivision (a) shall

not be waived or suspended by any court. Any provision in a nongovernmental organization contract for child, youth, and family services in which a public entity is indemnified, held harmless, or insured for damages, claims, losses, or expenses arising from injury or damage, including, but not limited to, bodily injury, mental anguish, property damage, or economic or noneconomic damages or loss, caused by or resulting from a public entity’s negligence or intentional conduct, in whole or in part, shall be void as against public policy and unenforceable.

(2)Subdivision (a) does not limit or affect the immunity provided by any other law that would otherwise be an available defense to either party.

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 11, commencing with Section 1062.30.

This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.