What is the test for establishing a motion for declaratory relief?

2 Petitioner also relied below, and relies herein, on the provision of section 1062a of the Code of Civil Procedure which gives precedence to an action for declaratory relief. The conclusions expressed herein render it unnecessary to consider this point, but it is noted that where it is alleged that an actual breach of an agreement exists, a plaintiff cannot obtain preference on the calendar by instituting an action as one for declaratory relief. (See Kessloff v. Pearson (1951) 37 Cal.2d 609, 613--614, 233 P.2d 899.)