Is a plaintiff entitled to a declaration of rights if there is an actual controversy from the complaint?
California, United States of America
The following excerpt is from Sarale v. Pac. Gas & Electric Co., 10 Cal. Daily Op. Serv. 13, 222, 117 Cal.Rptr.3d 24, 189 Cal.App.4th 225, 2010 Daily Journal D.A.R. 1 (Cal. App. 2010):
"The basic rule is that, if an actual controversy appears from the complaint (as it does here), the plaintiff is entitled to the declaration of rights that he seeks, whether that declaration is in his favor or is adverse to his position." ( Los Angeles County Democratic Central Committee v. County of Los Angeles (1976) 61 Cal.App.3d 335, 338, 132 Cal.Rptr. 43.)
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