A lawsuit seeking a declaratory judgment—also known as a “deck action” (dec. action)—is a lawsuit that asks the court to determine the rights, status, or other legal relations of the parties when a controversy has arisen, but before a wrong has been committed. A declaratory judgment seeks to prevent further litigation, liability, and harm. Declaratory relief is not available to settle disputes already pending before a court. A declaratory judgment is improper if the relief requested is raised for the first time in an amended petition (lawsuit) and merely addresses the same issues as were raised in the original petition.
A declaratory judgment is often sought when there is a disagreement over the meaning or application of an insurance policy or other contract, or a deed, will, trust, lease, statute, or municipal ordinance.
In California, a declaratory judgment, or 'dec action,' is a legal remedy used to resolve uncertainty or disputes over legal rights, duties, or statuses before a breach or wrong has occurred. This type of action is particularly useful in cases where parties seek clarification on the terms of contracts, insurance policies, wills, trusts, leases, statutes, or ordinances. The purpose of a declaratory judgment is to establish the rights and obligations of the parties to prevent future litigation or harm. Under California law, declaratory relief is not intended to resolve issues that are already the subject of ongoing litigation. Additionally, it is not proper to use a declaratory judgment to address issues that are introduced for the first time in an amended petition if they are essentially the same as those raised in the original petition. The relevant California statutes governing declaratory relief can be found in the California Code of Civil Procedure, starting with Section 1060.