HOOD v. SUPERIOR COURT

Docket No. B085213.

33 Cal.App.4th 319 (1995)

39 Cal. Rptr.2d 296

JOHN HOOD et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; UNITED CHAMBERS ADMINISTRATORS, INC., Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

March 22, 1995.


Attorney(s) appearing for the Case

COUNSEL

Buxbaum & Chakmak, John Chakmak, Terrence Mitchell Leve, Sr., Daniels, Baratta & Fine, Mary Hulett and Mark A. Vega for Petitioners.

No appearance for Respondent.

Dewey Ballantine, David S. McLeod, Jeffrey R. Witham, John P. Flynn and Patrick S. Schoenburg for Real Party in Interest.


OPINION

EPSTEIN, Acting P.J.

(1) 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...

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