The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper at the time under all the circumstances.
§ 1061.Declaration Or Determinations Not Necessary Or Proper
Title 14. Of Miscellaneous Provisions · Chapter 8. Declaratory Relief · Enacted 1921 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 1061 gives the court discretion to decline exercising its declaratory relief power whenever a declaration or determination would not be necessary or proper at the time, considering all the circumstances of the case.
Full Text of § 1061
Plain-English Summary
Not every request for a declaration under this chapter gets granted just because it is properly filed. Section 1061 preserves judicial discretion, letting the court refuse to exercise the declaratory relief power granted elsewhere in this chapter whenever, under all the circumstances, the declaration or determination sought is not necessary or proper at that particular time.
This discretion gives courts a tool to avoid issuing advisory-style rulings on disputes that are not yet ripe, that could be resolved more efficiently through another proceeding, or where a declaration would not serve a useful purpose given how the case has developed.
It works as a counterweight to § 1060's broad availability of declaratory relief: the remedy is available in a wide range of circumstances, but § 1061 confirms that availability does not mean entitlement in every case.
Frequently Asked Questions
Must a court always grant declaratory relief when § 1060's requirements are met?
No. Section 1061 lets the court decline to exercise its declaratory relief power when a declaration is not necessary or proper under the circumstances at that time.
What standard does the court apply in deciding whether to refuse a declaration?
Whether the declaration or determination is necessary or proper at the time, considering all the circumstances of the case.
Does refusing to grant declaratory relief under § 1061 mean the underlying dispute cannot be resolved?
Not necessarily. Section 1062 confirms this chapter's remedies are cumulative, so other avenues for resolving the dispute remain available.
Amendment History
Added by Stats. 1921, Ch. 463.
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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