Swing v. Ohara
After the sale of a residence, the buyer claimed the sellers had failed to disclose defects in the property. The sellers filed an action for declaratory relief, seeking a judicial determination of the parties rights and obligations under the contract. The buyer responded with a cross-complaint for damages, which factually involved the identical issues raised in the sellers declaratory relief complaint. The trial court dismissed the sellers declaratory relief action for failure to state a cause of action, ruling that declaratory relief was not an appropriate remedy and the disputed issues could all be resolved on the buyers cross complaint.
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