During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
A district court may decline jurisdiction over an action that seeks only declaratory relief, so long as the district court properly considers the factors listed in Brillhart v. Excess Ins. Co. (1942) 316 U.S. 491 and Government Employees Ins. Co. v. Dizol (9th Cir. 1998) 133 F.3d 1220. However, the district court cannot decline jurisdiction if the declaratory relief claim… Read More
Ordinarily, when a complaint alleges a stand-alone claim for declaratory relief and properly alleges the existence of an existing controversy, the trial court should not grant a demurrer because the plaintiff is entitled to a declaration of rights even if unfavorable. However, the error is not prejudicial if the declaration would be in the defendant's favor. The appellate opinion affirming… Read More
If the issues in a insurance coverage declaratory relief action overlap the issues in the underlying litigation against the insured, the insurer cannot, over the insured’s objection, take discovery on the overlapping issues or litigate them in the declaratory relief action. Read More
A parent corporation lacked standing to seek a declaratory judgment regarding coverage under an insurance policy under which only its subsidiary corporation was an insured. Read More
