What is the test for a claim for declaratory relief against a property owner for breach of an agreement?

California, United States of America


The following excerpt is from Moss Bros. Toy, Inc. v. Ruiz, 238 Cal.Rptr.3d 292, 27 Cal.App.5th 424 (Cal. App. 2018):

alleged breach of an agreement, and similar claims for declaratory relief. For example, in City of Cotati v. Cashman (2002) 29 Cal.4th 69, 124 Cal.Rptr.2d 519, 52 P.3d 695, the court held the city's state court action against mobilehome park owners for a judgment declaring the city's rent stabilization ordinance constitutional was not based on protected activitybecause the city's action was not based on the owners' protected act of filing a federal court action seeking to declare the same ordinance unconstitutional. Instead, the city's actionindeed both parties' actionswere based on the parties' dispute concerning the constitutionality of the ordinance. ( Id . at p. 80, 124 Cal.Rptr.2d 519, 52 P.3d 695.)

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