Legal Opinion
Hood v. Superior Court
California Court of Appeal
Decided March 22, 1995No. B085213PublishedCited by 28 opinions
1Opinion of the Court
Opinion
EPSTEIN, Acting P. J.
May a party select issues (other than duty and punitive damages) implicated in one or more causes of action in its complaint or cross-complaint, amend that pleading to add a cause of action for declaratory relief as to those issues, and then obtain a summary adjudication of the declaratory relief cause of action? We answer that it cannot, for, if it could, the result would fully subvert the restrictions of Code of Civil Procedure section 437c, subdivision (f)(1). Since the order granting summary adjudication in the case before us was made in precisely this…
2Cases cited5 opinions
- Lilienthal & Fowler v. Superior CourtCalifornia Court of Appeal · 1993
- Regan Roofing Co. v. Superior CourtCalifornia Court of Appeal · 1994
- General of America Ins. Co. v. LillyCalifornia Court of Appeal · 1968
- California Insurance Guarantee Ass'n v. Superior CourtCalifornia Court of Appeal · 1991
- City of Emeryville v. Superior CourtCalifornia Court of Appeal · 1991
3Cited by28 opinions
- Atlantic Mutual Insurance v. J. Lamb, Inc.California Court of Appeal · 2002
- Brundage v. HahnCalifornia Court of Appeal · 1997
- PMC, Inc. v. Saban Entertainment, Inc.California Court of Appeal · 1996
- Southern California Edison Co. v. Superior CourtCalifornia Court of Appeal · 1995
- Jensen v. Quality Loan Service Corp.District Court, E.D. California · 2010
23 more not listed; retrieve them via the Exa API.