In Gafcon, Inc. v. Ponsor & Associates (2002) 98 Cal.App.4th 1388, the Court held the lower court properly granted summary judgment on a declaratory relief cause of action on the ground there was no present controversy between the parties. (Id. at p. 1402.) The declaratory relief claim alleged an insurer's use of in-house counsel in an underlying case constituted the practice of law by the insurer, and the insured was entitled to independent counsel. By the time the summary judgment motion was heard, however, in-house counsel had been removed and independent counsel had been appointed. (Id. at p. 1404.) The Court explained that "declaratory relief ' "operates prospectively, and not merely for the redress of past wrongs." ' " (Id. at p. 1403.)