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Declaratory relief has two elements a party must satisfy: (1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to [the partys] rights or obligations. (Jolley v. Chase Home Finance, LLC, 213 Cal.
Definition of declaratory 1 : serving to declare, set forth, or explain. 2a : declaring what is the existing law declaratory statute. b : declaring a legal right or interpretation a declaratory judgment.
What is the difference between them? The standard answer is that the declaratory judgment is milder and the injunction is stronger. This mildness thesis has been endorsed by the Supreme Court, the Restatement (Second) of Judgments, and many legal scholars.
The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.
An example of this in a case involving contracts would be a party seeking an interpretation of the contract to determine their rights. Another example would be an insured individual seeking a specific determination of their rights and surrounding circumstances regarding insurance coverage under a specific policy.

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An example of this in a case involving contracts would be a party seeking an interpretation of the contract to determine their rights. Another example would be an insured individual seeking a specific determination of their rights and surrounding circumstances regarding insurance coverage under a specific policy.
A declaratory order can provide a legally binding decision to the parties to the proceeding, without imposing a penalty, sanction, or other liability, in order to terminate an actual or emerging controversy or to remove uncertainty in the application of existing legal requirements.
Sometimes a party pursues what is known as an action for declaratory relief or declaratory judgment for a trial court to declare their rights with respect to the application of a written document or instrument.
Plaintiffs declaratory relief cause of action presents issues of law that are clearly in controversy and that can and should be resolved by judicial declaration.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.

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