People v. Label

This appeal from a judgment (order) of dismissal entered after respondents demurrer was sustained to appellants complaint for declaratory relief with leave to amend involves: (1) the propriety of declaratory relief as a remedy where a breach of contract is alleged; and (2) the sufficiency of the complaint in indicating appellants right to a declaration in his favor. We conclude that the complaint adequately alleges that a declaratory judgment is appropriate to avoid multiplicity of litigation and to construe a contract creating a continuing relationship despite the breach of the contract by respondent and that the contract may, at trial, properly be construed as one of adhesion granting to appellant the rights for which he contends. Accordingly, we reverse the judgment.