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Topic: Declaratory relief

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In the News (Sun 26 May 19)

Declaratory relief will lie where (1) there is a justiciable controversy; (2) it exists between parties with adverse interests; (3) those seeking relief have a legal interest in the controversy; and (4) the issues involved are ripe for decision.
Now, a debtor can file a declaratory judgment action to determine, factually, what he or she owes on the account, when another person who also is alleged to owe monies on the account is not made a party to the suit.
Because the complaint filed by Wilmans seeks affirmative relief and a ruling that her daughter, Lisa Moreno, was not authorized to use her credit card, I agree with the trial court that Moreno is a necessary and indispensable party under Rule 19 of the Arkansas Rules of Civil Procedure.
courts.state.ar.us /opinions/2004a/20040129/03-429.html   (2364 words)

 Californians for Native Salmon et al. v. Dept. of Forestry
In affirming a denial of declaratory relief, the Zetterberg court held declaratory relief was "inappropriate" because the action sought general declarations of the legislative allocation of powers among two agencies of the executive branch.
Declaratory relief directed to policies of administrative agencies is not an unwarranted control of discretionary, specific agency decisions.
Declaratory relief is a cumulative remedy (Code Civ.Proc., § 1062), and a proper complaint for declaratory relief cannot be dismissed by the trial court because the plaintiff could have filed another form of action.
ceres.ca.gov /ceqa/cases/1990/salmon_070690.html   (3264 words)

 C.R.C.P. Rule 57. Declaratory Judgments   (Site not responding. Last check: 2007-09-22)
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.
Declaratory judgment is a proper procedure by which to make a preenforcement challenge to a regulation promulgated by a state agency.
Relief in the nature of a declaratory judgment will be afforded in appropriate circumstances to those persons who claim uncertainty and insecurity with respect to their rights under a penal statute or law.
childrensjustice.org /litigation/Litigation/C.R.C.P./CRCP_Rule_57.html   (5358 words)

 Declaratory Relief -- resources   (Site not responding. Last check: 2007-09-22)
Excerpt:...injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
Excerpt:...ground that a judgment or order merely declaratory of right is prayed for; provided that declaratory relief may not be obtained in any district court, or in any controversy with respect to taxes, or...
Excerpt:...the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (3) the court finds that the questions...
bankruptcy.mongabay.com /resources/Declaratory_Relief.html   (2703 words)

 [No title]
Because actions for declaratory relief do not have their own statute of limitations, the district court concluded that the plaintiffs' causes of action are governed by the period of limitations applicable to the substantive claims underlying the action, citing Cope v.
Rather, since "[d]eclaratory relief is a mere procedural device by which various types of substantive claims may be vindicated," it is the substance of the right sued on, and not the remedy invoked, that governs the applicable limitations period.
As the district court observed, "the declaratory judgment action must be brought within the limitations period applicable to the substantive claim underlying the request for declaratory relief." Algrant v.
vls.law.vill.edu /locator/3d/Sept1997/97a1705p.txt   (7669 words)

Declaratory relief is an equitable remedy which is available to an interested person in a case "of actual controversy relating to the legal rights and duties of the respective parties...." (Code Civ.
In its declaratory relief action EBMUD introduced the 39-approved THPs as evidence of what it alleged was CDF's consistent failure "to lawfully assess potential adverse cumulative impacts to water quality...." EBMUD had not tried to invalidate by timely petitions for mandamus any of these 39 THPs as they were approved.
EBMUD argues that it was the prevailing party in the declaratory relief action because the trial court found the Guidelines to be illegal, underground regulations.
ceres.ca.gov /ceqa/cases/1996/forestry_022896.html   (5918 words)

 Attorneys at Law: Davis Levin Livingston Grande. Innovative Class Action Techniques, Consumer Class Actions, The Use of ...
The second basic requirement of class certification under 23(b)(2) is that ìfinal relief of an injunctive nature or a corresponding declaratory nature, settling the legality of the behavior with respect to the class as a wholeî must be appropriate.
While a close nexus exists between injunctive and declaratory relief and while parties seeking a declaration of their rights commonly also seek an injunction, Rule 23(b)(2) does not require both forms of relief to be sought.
If the requested relief is a declaration that a statute is unconstitutional or that a business practice is unfair or deceptive, the resulting judicial declaratory directive would have the effect of ìenjoiningî either the enforcement of the statute or the commitment of the offending practice.
www.davislevin.com /article29.html   (4677 words)

 Oregon Judicial Department Appellate Court Opinions
If taxpayer intended to request relief to benefit all other similarly situated taxpayers in the county, taxpayer would not have standing because she would be attempting to affect the rights between persons or entities other than herself.
To the extent that taxpayer's request for declaratory judgments is related to the county's treatment of her property for the 2004-05 property tax year, those claims must first be brought in the Magistrate Division.
In addition, the department argues that taxpayer's claims for declaratory relief may be viewed, at least in part, as a request for declaratory relief to benefit all other similarly situated taxpayers in the county.
www.publications.ojd.state.or.us /TC4709.htm   (1935 words)

 Attorney General's Brief Filed on September 20   (Site not responding. Last check: 2007-09-22)
Second, to the extent plaintiff seeks declaratory relief against Birmingham regarding his duties as President of the Senate, no such relief is available, both because the declaratory judgment act is inapplicable to the legislative branch and because Mass.
The Court then noted that, even if the declaratory judgment act were not otherwise inapplicable, these same considerations would cause it to exercise its discretion to deny declaratory relief.
There is no basis for declaratory relief against the Secretary, and the complaint should be dismissed as to him.
www.massnews.com /2002_editions/09_Sep/092602_mn_920_brief.shtml   (1767 words)

 [No title]
The principle, namely that the court will not grant declaratory relief as to whether conduct is or is not criminal, and the exception to it, is in line with the ratio of the House of Lords in R v.
This case is not in truth a dent in the side of declaratory relief but rather a desire on the part of the court to be confronted with a particular factual situation in relation to which it can produce answers.
Declaratory relief may well be one, possibly the only, remedy available to a client in certain circumstances to achieve this result.
www.combar.com /FileServer.aspx?oID=219   (10029 words)

 State Farm General Insur. Co. v. Majorino
Treating State Farm's declaratory relief action as a SLAPP suit would be inconsistent with the fundamental purpose of section 425.16, namely, to stem the flow of "lawsuits brought primarily to chill the valid exercise of.
In that case, the trial court properly exercised its discretion to deny declaratory relief to an insurance carrier where the coverage issue to be decided -- permissive use of a motor vehicle -- was identical to an issue that would necessarily be resolved in a separate lawsuit filed by the third party claimant.
Because appellants did not carry their initial burden of demonstrating that the declaratory relief action is a SLAPP suit under section 425.16, subdivision (b)(2), it is unnecessary to determine whether State Farm established a probability that it will prevail at trial.
www.casp.net /majorino.html   (1219 words)

 Hillenbrand v. Insurance Company of North America (2002) * California
Bertero), the court reiterated the untoward damage to the individual subjected to a groundless declaratory relief action, and to the judicial process: “‘The malicious commencement of a civil proceeding is actionable because it harms the individual against whom the claim is made, and also because it threatens the efficient administration of justice.
Seven months before filing the declaratory relief action, the insurer knew that the lawyer it hired to represent the insured and Hillenbrand himself believed the damage to the condominiums was caused not by faulty workmanship, but by poor maintenance.
Before filing the declaratory relief action, Cerf knew the insurer had a duty to defend based on the damage to other property and the viability of Hillenbrand’s defense that poor maintenance, and not faulty workmanship, caused the damage to the condominium units.
www.claimrep.com /laws/cases/CA/caseCAHillenbrand.htm   (11289 words)

 Haase v. Webster, 807 F.2d 208 (D.C. Cir., Dec. 9 1986) (FBI: political enemies)
The second form of relief sought by Haase was a declaration that the seizure and reproduction of his papers violated his constitutional and statutory rights, that it is unlawful for FBI agents to participate in border searches without probable cause or a warrant, and that 19 U.S.C. § 1305(a) is unconstitutional.
With respect to his request for injunctive relief, he claims that the court was required to afford him a chance to cross-examine the FBI agents who had custody of his papers before dismissing the request as moot.
Accordingly, we remand Haase’s request for declaratory relief with instructions that the government be afforded an opportunity to deny, by affidavit or otherwise, the claim that Haase is threatened by the alleged policy.
homepage.ntlworld.com /jksonc/docs/haase-807F2d208.html   (4464 words)

 North Carolina Appellate Court Cases - Opinions of Court Case Law from NC - North Carolina Court - unoffical reports - ...
Significantly, the federal declaratory judgment statute lacks an express provision empowering courts to decline a party's request for declaratory relief.
We believe it more consistent with the [declaratory judgment] statute to vest [trial] courts with discretion in the first instance, because facts bearing on the usefulness of the declaratory judgment remedy, and the fitness of the case for resolution, are peculiarly within their grasp.
The trial court may decline to grant declaratory relief where it “would not terminate the uncertainty or controversy giving rise to the proceeding.” N.C.G.S. The preeminent treatise on declaratory judgments sets forth two criteria to aid in the interpretation of this language.
www.romingerlegal.com /northcarolina/HTML/218-02-1.htm   (3177 words)

 law.com - Decision
In Koch, this court noted that it was in appellees' eighth amended original petition wherein they sought declaratory judgment on issues that were central to appellees' case-in- chief; therefore, seeking declaratory relief was improper.
The court found declaratory relief was appropriate due to the affidavits in the deed records and the continued insistence of ownership.
In Cunningham Brothers, 407 F.2d at 1168, the court affirmed the dismissal of a complaint on the basis that it is not one of the purposes of the declaratory judgment acts to allow a prospective negligence action defendant to obtain a declaration of non-liability.
www.law.com /jsp/decisionstate.jsp?id=1024078893150   (5446 words)

-- Where appellant filed an appropriate petition for mandamus and declaratory relief but failed to demand anexpedited hearing or decision prior to the preferential primary election, the state party officials were unable to certify him as a qualified candidate pursuant to applicable law.
Consequently, he filed a petition for mandamus and declaratory relief on April 20, 1998, seeking the Pulaski County Circuit Court to declare him as eligible to file for the new District 6 position on the court of appeals and to direct Priest to place his name on the May 19, 1998 Republican Party primary ballot.
On April 29, 1998, Secretary of State Priest responded, denying that Standridge was entitled to the relief he sought, but she also requested that Standridge's petition be dismissed because it was untimely.
courts.state.ar.us /opinions/1998b/981022/98-1115.html   (1426 words)

 Department of Labor and Industrial Relation   (Site not responding. Last check: 2007-09-22)
Petitioner shall also file, together with any petition for declaratory relief and at the time the petition is filed, a memorandum of authorities in support of the petition which shall contain a full discussion of the reasons, including legal authorities, supportive of the petitioner's position.
Unless a petition has been summarily disposed of pursuant to section 12-46-63, in all petitions for declaratory relief where the commission's executive director is not the petitioner, the executive director shall be made a party respondent to the proceedings and shall be served accordingly.
Any person permitted to intervene in a proceeding for declaratory relief may file and serve upon petitioner, a memorandum of authorities which shall state concisely and fully the intervenor's position or contentions and reasons, including legal authorities.
www.hawaii.gov /labor/hcrc/har2.shtml   (1856 words)

 DECLARATORY RELIEF: Legal tactic to hold back probe on Capitol deals?
Seeking a relief from the courts does not in anyway hinder the investigation conducted by the Ombudsman-Visayas on the legality of the contracts that were allegedly entered into by Governor Gwendolyn Garcia without passing through the review of the provincial board.
The declaratory relief, Pablo John said, was mainly to let the court explain the law.
Quisumbing was reportedly commenting that a portion of the declaratory relief document prayed that a declaratory judgment preventing the Commission on Audit to hold the petitioner liable was certainly a legal maneuver.
www.thefreeman.com /local/story-20050903-33846.html   (297 words)

 Roe V Wade and Dissent of Judge
While 28 U.S.C. authorizes no direct appeal to this Court from the grant or denial of declaratory relief alone, review is not foreclosed when the case is properly before the Court on appeal from specific denial of injunctive relief and the arguments as to both injunctive and declaratory relief are necessarily identical.
She sought a declaratory judgment that the Texas criminal abortion statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the statutes.
Hallford is, therefore, in the position of seeking, in a federal court, declaratory and injunctive relief with respect to the same statutes under which he stands charged in criminal prosecutions simultaneously pending in state court.
www.juntosociety.com /i_documents/roevwade.html   (12009 words)

 California First Amendment Coalition
³The court may refuse to [grant declaratory relief] in any case where its declaration or determination is not necessary or proper at the time under all the circumstances.²(Code Civ.
Bryan (1929) 206 Cal. 254, 257.)The mere circumstance that another remedy is available is an insufficient ground for refusing declaratory relief, and doubts regarding the propriety of an action for declaratory relief pursuant to Code of Civil Procedure section 1060 generally are resolved in favor of granting relief.(Code Civ.
The judgment of the Court of Appeal is reversed with directions to vacate that court¹s decision denying the petition and to issue a writ of mandate compelling the superior court to vacate its order granting declaratory relief and to enter an order sustaining petitioner¹s demurrer to the complaint.
www.cfac.org /Attachments/filarsky_v_sup_court.htm   (1547 words)

 [No title]   (Site not responding. Last check: 2007-09-22)
Defendant's motion for judgment on the pleadings as to plaintiffs' claims for injunctive and declaratory relief granted.
OUTCOME: The creditor's motion for judgment on the pleadings was granted with respect to the ECOA claim and the claims for injunctive and declaratory relief under the FCRA.
Although plaintiffs seem to concede that injunctive relief is not available to them, they argue that they can obtain declaratory relief.
www.mofo.com /mofo_dev/decisions/224FRD444.html   (5621 words)

 Pennsylvania Superior Court Cases - Superior Court Case Law from PA - Pennsylvania Superior Court - unoffical reports - ...
declaratory relief, asking the court to determine which of the two
declaratory judgment action to establish his insurer's duty to defend.
to a court having jurisdiction to grant the relief.
www.romingerlegal.com /pacaselaw/superior/a51021_99.html   (2596 words)

 Ohio Legislative Information Systems
No action or proceeding is open to objection on the 69 ground that a declaratory judgment or decree is prayed for UNDER 70 THIS CHAPTER.
THAT issue may be tried 235 and determined in the same manner as issues of fact are tried and 236 determined in other civil actions in the court in which the ACTION OR proceeding is pending.
439 (D) A civil action or criminal prosecution in which the 441 character of particular materials or performances is at issue, 442 brought during the pendency of an action for a declaratory 443 judgment involving the same issue, shall be stayed during the 444 pendency of the action for a declaratory judgment.
www.legislature.state.oh.us /BillText123/123_HB_58_3_Y.htm   (1807 words)

 Ohio Legislative Information Systems
No action or proceeding is open to objection on the 68 ground that a declaratory judgment or decree is prayed for UNDER 69 THIS CHAPTER.
THAT issue may be tried 234 and determined in the same manner as issues of fact are tried and 235 determined in other civil actions in the court in which the ACTION OR proceeding is pending.
438 (D) A civil action or criminal prosecution in which the 440 character of particular materials or performances is at issue, 441 brought during the pendency of an action for a declaratory 442 judgment involving the same issue, shall be stayed during the 443 pendency of the action for a declaratory judgment.
www.legislature.state.oh.us /BillText123/123_HB_58_2_Y.htm   (1809 words)

 International Speedway Files Complaint For Declaratory Relief Against CART, Inc.
Per the terms specified in the Agreement, ISC is due back the $2.5 million Organization and Rights fee previously paid to CART, less a mutually agreeable amount for legitimate expenses reasonably incurred by CART in preparing for the event.
On October 24, Speedway officials began coordinating with local authorities and agencies regarding the nearby wildfires, including the advisability of proceeding with the race events scheduled for the weekend of November 1 and 2, and how the Speedway could assist in emergency and relief efforts.
Ultimately, the Speedway became host of a "Race for Relief" effort, transforming itself into a drop-off site for items to aid those affected by, or fighting, the wildfires.
www.theautochannel.com /news/2003/11/04/172186.html   (377 words)

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