California, United States of America
The following excerpt is from L. A. Cmty. Coll. Dist. v. Gabrie, B250381 (Cal. App. 2015):
Code of Civil Procedure section 1060 provides that any person "interested under a written instrument . . . or under a contract" may, "in cases of actual controversy relating to the legal rights and duties of the respective parties," bring an original action or cross-complaint for a declaration of its rights or duties. Granting relief under this section is discretionary; under section 1061, the trial court "may refuse to exercise the power granted by [section 1060] in any case where its declaration or determination is not necessary or proper at the time under all the circumstances." (See also DeLaura v. Beckett (2006) 137 Cal.App.4th 542, 545 [a decision whether to grant declaratory relief is reviewed for abuse of discretion].)
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