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 is joined with a claim for a monetary award.  Here, the complaint sought only declaratory relief.  The defendant answered, asking the district court to decline jurisdiction, but also counterclaimed for monetary relief (asserting the counterclaim only if the district court did not decline jurisdiction).  This decision holds that in this situation the district court could still decline jurisdiction.  The alternatively pleaded counterclaim for monetary relief did not trigger the court’s mandatory jurisdiction, as defendant made it clear that it raised the counterclaim conditionally.  The federal rules allow such alternative pleading and permit a defendant to raise objections by answer rather than motion.