What is the futility exception in the context of a claim for damages where the remedy is inadequate or unavailable?
California, United States of America
The following excerpt is from Scholars Academic Found., Inc. v. City of Glendale, B243799 (Cal. App. 2014):
remedy is inadequate or unavailable, or where it would be futile to pursue the remedy. [Citation.] In order to invoke the futility exception, a plaintiff must show '"that the [agency] has declared what its ruling will be on a particular case."' [Citation.]" (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1430-1431.)
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