Arroyo

Ronald Arroyo appeals from judgment of dismissal entered upon sustaining of defendants’ demurrer without leave to amend, and further from the granting of defendants’ motion for summary judgment.

I. In an action for declaratory relief, either a general demurrer or a motion for summary judgment is an appropriate proceeding to declare the rights of the parties if they can be determined as a matter of law.

Regarding the propriety of the general demurrer, the court in Taschner v. City Council (1973) 31 Cal.App.3d 48 [ 107 Cal.Rptr. 214 ] stated (at *796 p. 57): “Strictly speaking, a general demurrer is not an appropriate means of testing the merits of the controversy in a declaratory relief action because plaintiff is entitled to a declaration of his rights even if it be adverse. (Salsbery v. Ritter, supra, 48 Cal.2d 1, 7 ; Bennett v. Hibernia Bank, supra, 47 Cal.2d 540, 550 .) However, where the issue is purely one of law, if the. reviewing court agreed with the trial court’s resolution of the issue it would be an idle act to reverse the judgment of dismissal for a trial on the merits. In such cases the merits of the legal controversy may be considered on an appeal from a…