California, United States of America
The following excerpt is from Award Homes, Inc. v. Cnty. of San Benito, H044894 (Cal. App. 2021):
The parties dispute whether various limitations statutes bar plaintiff's action for declaratory relief. Limitations" 'applicable to ordinary actions at law and suits in equity should be applied in like manner to actions for declaratory relief.'" (Abbott v. City of Los Angeles (1958) 50 Cal.2d 438, 463.) When" 'declaratory relief is sought "before there has been a breach of the obligation in respect to which said declaration is sought," or within the statutory period after the breach, the right to such relief is not barred by lapse of time.'" (Ibid.) Here, plaintiff promptly sought a declaration of its rights and duties under the West of Fairview development agreement and the Ladd Ranch annexation agreement after learning that the city would attempt to collect the Additional Amount fees on units in those projects. Its action under Code of Civil Procedure section 1060 seeking declaratory relief is therefore timely as to whether the development and annexation agreements compel payment of the Additional Amount fees. And as a party to both the development agreement and the annexation agreement, plaintiff has standing to seek a declaration of its rights and duties under them.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.