Hood

May a party select issues (other than duty and punitive damages) implicated in one or more causes of action in its complaint or cross-complaint, amend that pleading to add a cause of action for declaratory relief as to those issues, and then obtain a summary adjudication of the declaratory relief cause of action? We answer that it cannot, for, if it could, the result would fully subvert the restrictions of Code of Civil Procedure section 437c, subdivision (f)(1). Since the order granting summary adjudication in the case before us was made in precisely this situation, we shall grant the petition for a writ of mandate directing that it be set aside.

Factual and Procedural Summary

This case presents a fairly simple issue enveloped in a complicated factual context. The summary that follows is limited to facts pertinent to our discussion.

John A. Hood and Agoura Hills Insurance Services, Inc. (Hood) were insurance agents for United Chambers Administrators, Inc. (UCA). Mr. Hood also served as an assistant territorial manager for UCA. UCA marketed group health insurance policies to members of chambers of commerce. A noncompetition clause in the agreement between Hood and UCA,…