What is the test for a motion for declaratory relief under the Declaratory Judgment Act?

MultiRegion, United States of America

The following excerpt is from Lam v. Penny Mac, No. 2:19-cv-00709-TLN-CKD PS (E.D. Cal. 2019):

For the sake of completeness, the court will address plaintiffs' second claim for declaratory relief. The Declaratory Judgment Act allows a district court to "declare the rights and other legal relations of any interest party seeking such declaration." 28 U.S.C. 2201(a). Here, because plaintiffs do not have a claim under the FDCPA, the court must also dismiss the related request for declaratory relief. In order to be entitled to relief under the Declaratory Judgment Act, the party must have a viable underlying claim. See City of W. Sacramento v. R & L Bus. Mgmt., No. 2:18-cv-900 WBS EFB, 2019 WL 2249630, at *4 (E.D. Cal. May 23, 2019) (collecting cases).

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