You can find these court forms and more information at the California Courts. Bring an original action or cross-complaint in the superior court for a declaration of his or her rights and duties in the premises.Find Your Court Forms. The California court system uses forms. A Petition for Declaratory Relief in California is used to obtain a judicial declaration on the rights and duties of parties under a contract or statute. These rules govern the procedure for obtaining a declaratory judgment under 28 USC §2201. Rules 38 and 39 govern a demand for a jury trial. A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. Although efforts are occasionally made, it is inappropriate for the insurer to be joined as a defendant in a liability suit.
