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 the judgment substitutes for the missing declaration of rights at the trial court level.decl