Does the statute of limitations apply to an action for declaratory relief?

California, United States of America


The following excerpt is from Day v. Greene, 24 Cal.Rptr. 443 (Cal. App. 1962):

In Maguire v. Hibernia S. & L. Soc., 23 Cal.2d 719, 733-734, 146 P.2d 673, 680, 151 A.L.R. 1062, the court said: 'Plaintiffs next contend that it was error to sustain the demurrer on the ground that the alleged causes of action were barred by the statute of limitations and by laches. They argue, first, that the statute of limitations can have no application to an action for declaratory relief since the main allegation in such an action is the existence of an actual, and consequently, present controversy. [Citing cases.] The argument overlooks the fact that the nature of the right sued upon and not the form of action nor the relief demanded determines the applicability of the statute of limitations under our code. [Citing cases.] * * * We are of the opinion that the period of limitations applicable to ordinary actions at law and suits in equity should be applied in like manner to actions for declaratory relief. Thus, if declaratory relief is sought with reference to an obligation which has been breached and the right to commence an action for 'coercive' relief upon the cause of action arising therefrom is barred by the statute, the right to declaratory relief is likewise barred.'

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