What is the appropriate standard of review for an action for declaratory relief?

California, United States of America


The following excerpt is from Hott v. Coll. of the Sequoias Cmty. Coll. Dist., 207 Cal.Rptr.3d 398, 3 Cal.App.5th 84 (Cal. App. 2016):

Hott contends the appropriate standard of review is the highly deferential abuse of discretion standard. We do not, however, apply this standard whenever declaratory relief is at issue. Certainly it is true that "[w]hether a determination is proper in an action for declaratory relief is a matter within the trial court's discretion and the court's decision to grant or deny relief will not be disturbed on appeal unless it is clearly shown its discretion was abused." (DolanKing, supra, 81 Cal.App.4th at p. 974, 97 Cal.Rptr.2d 280; see Meyer v. Sprint Spectrum L.P. (2009) 45 Cal.4th 634, 647, 88 Cal.Rptr.3d 859, 200 P.3d 295[" 'The trial court's decision to entertain an action for declaratory relief is reviewable for abuse of discretion.' "].) No party, however, challenges this aspect of the trial court proceedings.

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