Can a plaintiff bring a declaratory relief action for personal injury relief after the statute of limitations has expired?

California, United States of America


The following excerpt is from Phillis v. City of Santa Barbara, 229 Cal.App.2d 45, 40 Cal.Rptr. 27 (Cal. App. 1964):

Tostevin v. Douglas, 160 Cal.App.2d 321, 330, 325 P.2d 130, 135: 'Until some conventional right of action has accrued, the statute of limitations does not operate independently to cut off the right to bring one for declaratory relief, and after a 'coercive' right of action has accrued the alternative right to bring an action for the declaratory remedy continues concurrently with the 'coercive' right of action. But after the 'coercive' remedy is barred by the statute of limitations, a declaratory relief action may not be utilized to circumvent the purpose of the statute.'

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