California, United States of America
The following excerpt is from Carrasco v. HSBC Bank United States, N.A., H039841 (Cal. App. 2015):
Thus, "[t]he 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 is therefore a remedy that " '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., italics added.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.