Warren v. Kaiser Foundation Health Plan, Inc.

Opinion

THOMPSON, J.

This appeal from a judgment (order) of dismissal entered after respondent’s demurrer was sustained to appellant’s complaint for declaratory relief with leave to amend involves: (1) the propriety of declaratory relief as a remedy where a breach of contract is alleged; and (2) the sufficiency of the complaint in indicating appellant’s right to a declaration in his favor. We conclude that the complaint adequately alleges that a declaratory judgment is appropriate to avoid multiplicity of litigation and to construe a contract creating a continuing relationship despite the…