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.
§ 1060.Generally
Title 14. Of Miscellaneous Provisions · Chapter 8. Declaratory Relief · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 1060 lets a person interested under a written instrument other than a will or trust, under a contract, or in a dispute over rights, duties, property, or a watercourse's natural channel, bring an action for a binding court declaration of rights and duties in an actual controversy, even before any breach has occurred.
Full Text of § 1060
Plain-English Summary
This is the foundation of California's declaratory relief remedy. Someone who is interested under a written instrument, excluding a will or trust, under a contract, or who wants a declaration of rights or duties toward another person, toward property, or regarding the natural channel of a watercourse, can bring an original action or a cross-complaint in superior court, but only in cases of an actual controversy over the parties' legal rights and duties.
The relief on offer is a binding declaration, which can include resolving how the instrument or contract should be construed or whether it is valid. A party can ask for that declaration alone, or combine it with other relief, and the court can issue the declaration whether or not further relief is or could be claimed at the same time.
The declaration can run either way, affirming or denying the asserted rights, and once issued it has the force of a final judgment. Perhaps the most distinctive feature is timing: the declaration can be obtained before any breach of the obligation has happened, letting parties resolve genuine disputes over their legal relationship without having to wait for something to go wrong first.
Sections 1061 and 1062 round out the core of this remedy. Section 1061 gives the court discretion to decline a declaration that is not necessary or proper under the circumstances, and § 1062 confirms that declaratory relief is cumulative with other remedies, not a substitute that forecloses them.
Frequently Asked Questions
What is a declaratory relief action in California?
It is an action under § 1060 asking a court to issue a binding declaration of the parties' rights and duties under a written instrument, contract, or with respect to property, without necessarily seeking damages or other relief.
Do I have to wait for a breach before suing for declaratory relief?
No. Section 1060 expressly allows the declaration to be obtained before any breach of the obligation at issue.
Who can bring a declaratory relief action under § 1060?
Anyone interested under a qualifying written instrument or contract, or anyone who wants a declaration of rights or duties toward another person, toward property, or regarding the natural channel of a watercourse, where there is an actual controversy.
Are wills and trusts covered by § 1060?
No. The statute expressly excludes written instruments that are wills or trusts from this remedy.
Can I ask for declaratory relief along with damages or other remedies?
Yes. Section 1060 allows a declaration to be sought alone or together with other relief in the same action.
Amendment History
Amended by Stats 2002 ch 784 (SB 1316),s 73, eff. 1/1/2003.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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