California, United States of America
The following excerpt is from Foster v. Masters Pontiac Co., 158 Cal.App.2d 481, 322 P.2d 592 (Cal. App. 1958):
'[S]ection 1061 of the Code of Civil Procedure, which allows the trial court to refuse to render a declaratory judgment, does not apply where, upon the facts stated, the plaintiff is entitled to some relief in connection with the matter which occasioned the controversy.' Lord v. Garland, 27 Cal.2d 840, 852, 168 P.2d 5, 12 'Where, therefore, a case is properly before the trial court, under a complaint which is legally sufficient and sets forth facts and circumstances showing that a declaratory adjudication is entirely appropriate, the
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At the time in question, section 2982(a) of the Civil Code provided:
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