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§ 1060. Right of action; actual controversy; scope; effect of declaration

§ 1060. Right of action; actual controversy; scope; effect of declaration

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§ 1060. Right of action; actual controversy; scope; effect of declaration

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  1. § 1060. Right of action; actual controversy; scope; effect of declaration Any person interested under a deed, will or other written in-strument, or under a contract, or who desires a declaration of his rights or duties with respect to another . . . may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action in the superior court . . . for a declaration of his rights and duties in the premises, including a determination of any question of construction or validity arising under such instrument or contract. He may ask for a declaration of rights or duties, either alone or with other relief; and the court may make a binding declaration of such rights or duties, whether or not further relief is or could be claimed at the time. The declaration may be either affirmative or negative in form and effect, and such declaration shall have the force of a final judgment. Such declaration may be had before there has been any breach of the obligation in respect to which said declaration is sought.

  2. § 2201. Creation of remedy (in effect for Skelly) a) In a case of actual controversy within its jurisdiction, . . . any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such. § 2202. Further relief Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment.

  3. Sec. 502. (of ERISA as it was for Franchise Tax Board) • (a) A civil action may be brought—, (3) by a participant, beneficiary, or fiduciary • to enjoin any act or practice which violates any provision of this title or the terms of the plan, or • (B) to obtain other appropriate equitable relief • to redress such violations or • (ii) to enforce any provisions of this title or the terms of the plan; • (e)(1) Except for actions under subsection (a)(1)(B) of this section, the district courts of the United States shall have exclusive jurisdiction of civil actions under this Title brought by the Secretary or by a participant, beneficiary, or fiduciary.

  4. FTB’s Complaint (Count 1) • Certain workers owe us tax money (≈$380).

  5. FTB’s Complaint (Count 1) • Certain workers owe us tax money (≈$380). • They haven’t paid it.

  6. FTB’s Complaint (Count 1) • Certain workers owe us tax money (≈$380). • They haven’t paid it. • CLVT holds some of their money.

  7. FTB’s Complaint (Count 1) • Certain workers owe us tax money (≈$380). • They haven’t paid it. • CLVT holds some of their money. • California law requires holders of assets of tax debtors to turn over the assets to FTB or to be personally liable for the amounts due.

  8. FTB’s Complaint (Count 1) • Certain workers owe us tax money (≈$380). • They haven’t paid it. • CLVT holds some of their money. • California law requires holders of assets of tax debtors to turn over the assets to FTB or to be personally liable for the amounts due. • The soreheads at CLVT won’t give us the money.

  9. FTB’s Complaint (Count 1) • Certain workers owe us tax money (≈$380). • They haven’t paid it. • CLVT holds some of their money. • California law requires holders of assets of tax debtors to turn over the assets to FTB or to be personally liable for the amounts due. • The soreheads at CLVT won’t give us the money. • 6. They say that ERISA prevents them from paying.

  10. FTB’s Complaint (Count 1) • Certain workers owe us tax money (≈$380). • They haven’t paid it. • CLVT holds some of their money. • California law requires holders of assets of tax debtors to turn over the assets to FTB or to be personally liable for the amounts due. • The soreheads at CLVT won’t give us the money. • 6. They say that ERISA prevents them from paying. • 7. No, it doesn’t.

  11. FTB’s Complaint (Count 1) • Certain workers owe us tax money (≈$380). • They haven’t paid it. • CLVT holds some of their money. • California law requires holders of assets of tax debtors to turn over the assets to FTB or to be personally liable for the amounts due. • The soreheads at CLVT won’t give us the money. • 6. They say that ERISA prevents them from paying. • 7. No, it doesn’t. • WHEREFORE, make ’em pay through the nose.

  12. FTB’s Complaint (Count 1) (w/o federal allegations) • Certain workers owe us tax money (≈$380). • They haven’t paid it. • CLVT holds some of their money. • California law requires holders of assets of tax debtors to turn over the assets to FTB or to be personally liable for the amounts due. • The soreheads at CLVT won’t give us the money. • WHEREFORE, make ’em pay through the nose.

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