SECTIONS 1060-1062.5 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1060-1062.5

1060. Any person interested under a written instrument, excluding a
will or a trust, or under a contract, or who desires a declaration
of his or her rights or duties with respect to another, or in respect
to, in, over or upon property, or with respect to the location of
the natural channel of a watercourse, may, in cases of actual
controversy relating to the legal rights and duties of the respective
parties, bring an original action or cross-complaint in the superior
court for a declaration of his or her rights and duties in the
premises, including a determination of any question of construction
or validity arising under the instrument or contract. He or she may
ask for a declaration of rights or duties, either alone or with other
relief; and the court may make a binding declaration of these rights
or duties, whether or not further relief is or could be claimed at
the time. The declaration may be either affirmative or negative in
form and effect, and the declaration shall have the force of a final
judgment. The declaration may be had before there has been any breach
of the obligation in respect to which said declaration is sought.

1060.5. Any individual claiming to be a nonresident of the State of
California for the purposes of the Personal Income Tax Law may
commence an action in the Superior Court in the County of Sacramento,
or in the County of Los Angeles, or in the City and County of San
Francisco, against the Franchise Tax Board to determine the fact of
his or her residence in this state under the conditions and
circumstances set forth in Section 19381 of the Revenue and Taxation
Code.

1061. The court may refuse to exercise the power granted by this
chapter in any case where its declaration or determination is not
necessary or proper at the time under all the circumstances.

1062. The remedies provided by this chapter are cumulative, and
shall not be construed as restricting any remedy, provisional or
otherwise, provided by law for the benefit of any party to such
action, and no judgment under this chapter shall preclude any party
from obtaining additional relief based upon the same facts.

1062.3. (a) Except as provided in subdivision (b), actions brought
under the provisions of this chapter shall be set for trial at the
earliest possible date and shall take precedence over all other
cases, except older matters of the same character and matters to
which special precedence may be given by law.
(b) Any action brought under the provisions of this chapter in
which the plaintiff seeks any relief, in addition to a declaration of
rights and duties, shall take such precedence only upon noticed
motion and a showing that the action requires a speedy trial.

1062.5. Any insurer who issues policies of professional liability
insurance to health care providers for professional negligence, as
defined in Chapter 1 as amended by Chapter 2, Statutes of 1975,
Second Extraordinary Session, any health care provider covered by
such a policy, or any potentially aggrieved person, may bring an
action in the superior court for a declaration of its, his, or her
rights, duties, and obligations under Chapter 1 as amended by Chapter
2, Statutes of 1975, Second Extraordinary Session.
The court shall permit any of the following persons to intervene
in the action:
(1) The Attorney General.
(2) Any other person whose appearance is determined by the court
to be essential to a complete determination or settlement of any
issues in the action.
The action shall be commenced in the superior court in the county
in which the Attorney General is required to reside and keep his
office pursuant to Section 1060 of the Government Code.
The action shall be set for trial at the earliest possible date
and shall take precedence over all cases other than those in which
the state is a party.
The court may make a binding declaration of the rights, duties,
and obligations of the insurer, whether or not further relief is or
could be claimed at the time. The declaration may be affirmative or
negative in form and effect and shall have the force and effect of a
final judgment.
If the declaration is appealed, the appeal shall be given
precedence in the court of appeal and Supreme Court and placed on the
calendar in the order of its date of issue immediately following
cases in which the state is a party.
The remedy established by this section is cumulative, and shall
not be construed as restricting any remedy established for the
benefit of any party to the action by any other provision of law. No
declaration under this section shall preclude any party from
obtaining additional relief based upon the same facts.