California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 14 — Of Miscellaneous Provisions, Chapter 8 — Declaratory Relief, Section 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.
Notes
Allows a person facing an actual controversy over rights or duties under a nonwill, nontrust written instrument, contract, property interest, or natural watercourse location to seek declaratory relief in superior court, alone or with other relief. Allows a binding affirmative or negative declaration with final-judgment force even before breach of the obligation involved.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 1060 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-14/chapter-8/section-1060