California, United States of America
The following excerpt is from Snyder v. Cal. Ins. Guarantee Ass'n, A139263 (Cal. App. 2014):
"The purpose of a judicial declaration of rights in advance of an actual tortious incident is to enable the parties to shape their conduct so as to avoid a breach." (Babb v. Superior Court (1971) 3 Cal.3d 841, 848.) Declaratory relief " 'operates prospectively, and not merely for the redress of past wrongs. It serves to set controversies at rest before they lead to repudiation of obligations, invasion of rights or commission of wrongs; in short, the remedy is to be used in the interests of preventive justice, to declare rights rather than execute them.' " (Ibid.)
3. The applicable statute of limitations for breach of a statutory duty is three years.
All civil actions, including actions for declaratory relief, are subject to statutes of limitations. (Maguire v. Hibernia Savings & Loan Society (1944) 23 Cal.2d 719, 733-734.) "[T]he statute of limitations exists to promote the diligent assertion of claims, ensure defendants the opportunity to collect evidence while still fresh, and provide repose and protection from dilatory suits once excess time has passed. [Citations.] The duration of the limitations period marks the legislatively selected point at which, for a given claim, these considerations surmount the otherwise compelling interest in adjudicating on their merits valid claims." (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185,
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