Warren

This appeal from a judgment (order) of dismissal entered after respondent’s demurrer was sustained to appellant’s 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 appellant’s 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.

Since the judgment results from trial court action sustaining a demurrer to appellant’s complaint, we treat the allegations in that pleading as true for the purposes of this appeal. Respondent (Kaiser) is a nonprofit corporation offering health care services to “members” of its health plan. Appellant became a member of Kaiser’s plan by reason of a “Group Medical and Hospital Service Agreement” between…