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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18     The Meyer court simply decided that the trial court did not abuse its discretion in
sustaining a demurrer to a cause of action for declaratory relief regarding the
unconscionability of future remedies allowed by a contract because no dispute had arisen
yet that would cause the remedy provisions to come into play and "courts have
considerable discretion, pursuant to Code of Civil Procedure section 1061, to deny
declaratory relief because it 'is not necessary or proper at the time under all the
circumstances.' " (Meyer, supra, 45 Cal.4th at p. 648.)
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       As noted above, at the beginning of trial before hearing any evidence the court

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