& Ad.News 6133.Īnother barrier to judicial review of administrative action was removed by section 2 of Pub.L. Specific statutory provisions for the recovery of money damages, such as the Little Tucker Act and the Federal Tort Claims Act, are unaffected. The sovereign immunity defense has been withdrawn only with respect to actions seeking specific relief other than money damages, such as an injunction, a declaratory judgment, or a writ of mandamus. § 703 has been amended to allow suit to be brought against the United States or any of its agencies or officers. § 702 was amended to provide that an ("action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party.") In addition, 5 U.S.C. No declaration under this section shall preclude any party from obtaining additional relief based upon the same facts.The Congress has enacted a partial waiver of the sovereign immunity defense as to judicial review under the Administrative Procedure Act, 5 U.S.C. The remedy established by this section is cumulative, and shall not be construed as restricting any remedy established for the benefit of any party to the action by any other provision of law.
If the declaration is appealed, the appeal shall be given precedence in the court of appeal and Supreme Court and placed on the calendar in the order of its date of issue immediately following cases in which the state is a party. The declaration may be affirmative or negative in form and effect and shall have the force The court may make a binding declaration of the rights, duties, and obligations of the insurer, whether or not further relief is or could be claimed at the time.
#Declaratory judgment trial#
The action shall be set for trial at the earliest possible date and shall take precedence over all cases other than those in which the state is a party. The action shall be commenced in the superior court in the county in which the Attorney General is required to reside and keep his office pursuant to Section 1060 of the Government Code. (2) Any other person whose appearance is determined by the court to be essential to a complete determination or settlement of any issues in the action.
The court shall permit any of the following persons to intervene in the action:
#Declaratory judgment professional#
Effective January 1, 2003.)Īny insurer who issues policies of professional liability insurance to health care providers for professional negligence, as defined in Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session, any health care provider covered by such a policy, or any potentially aggrieved person, may bring an action in the superior court for a declaration of its, his, or her rights, duties, and obligations under Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session. The declaration may be had before there has been any breach of the obligation in respect to which said declaration is sought. The declaration may be either affirmative or negative in form and effect, and the declaration shall have the force of a final judgment. 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. 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 ofĪny question of construction or validity arising under the instrument or contract.
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