Bevis v. Terrace View Partners, LP (2019)

Citation: Bevis v. Terrace View Partners, LP (2019)
Parent Document: Bevis v. Terrace View Partners, LP (2019)
Jurisdiction: California (state)
Effective Date: 2019-03-21
Original Source: https://www.courtlistener.com/opinion/4602468/bevis-v-terrace-view-partners-lp/ ↗

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17      Code of Civil Procedure section 1060 provides: "Any person interested under a
written instrument, excluding a will or a trust, or under a contract, or who desires a
declaration of his or her rights or duties with respect to another, or in respect to, in, over
or upon property, or with respect to the location of the natural channel of a watercourse,
may, in cases of actual controversy relating to the legal rights and duties of the respective
parties, bring an original action or cross-complaint in the superior court for a declaration
of his or her rights and duties in the premises, including a determination of any question
of construction or validity arising under the instrument or contract. He or she may ask
for a declaration of rights or duties, either alone or with other relief; and the court may
make a binding declaration of these rights or duties, whether or not further relief is or
could be claimed at the time. The declaration may be either affirmative or negative in
form and effect, and the declaration shall have the force of a final judgment. The
declaration may be had before there has been any breach of the obligation in respect to
which said declaration is sought."
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that is not brought under the CLRA,18 and there is nothing in the language of Code of

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