City of Carlsbad v. Cal. State Water Resources Con
Plaintiffs and appellants City of Carlsbad (City) and Carlsbad Municipal Water District (District) (collectively, Carlsbad) appeal a judgment following a grant of summary judgment in favor of defendant and respondent California State Water Resources Control Board (Board) in an action for declaratory relief.
To qualify for declaratory relief under Code of Civil Procedure section 1060, a plaintiff is required to show the action presents two essential elements: (1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to the rights or obligations of a party. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 546.) Due to Carlsbad’s failure to show the existence of an actual controversy, the trial court properly granted summary judgment for the Board. We affirm.
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