In a declaratory relief action, in what circumstances will the court order a judgment of dismissal rather than a declaration of dismissal?

The judgments in the instant cases comport with the requirement of Essick v. City of Los Angeles, 1950, 34 Cal.2d 614, 624-625, 213 P.2d 492, that, in a declaratory relief action, the court should decree that 'plaintiffs are not entitled to the declarations in their favor' rather than enter a judgment of dismissal. 34 Cal.2d at page 624, 213 P.2d at page 499. Appellants' claim, therefore, that the application of section 437c to declaratory relief actions is tantamount to a repeal of this latter section, because it prevent a declaration of the parties' rights, cannot stand.

2. The alleged presence of factual issues.