Merkley v. Merkley

In Merkley v. Merkley (1939) 12 Cal.2d 543, an ex-wife sought a declaration regarding the percentage of her ex-husband's interest in land he had inherited. She wanted the question of his interest resolved so she could place a lien on his property interest if in the future he failed to pay court-ordered support. The Supreme Court held her complaint "obviously" presented no justiciable controversy. "There is no more than a conjecture or supposition on her part that at some time in the future a controversy may arise wherein she might become interested in having adjudicated the defendant Alan Merkley's interest under those documents. The facts in the record present an academic question only. The courts will not exercise the discretionary power to declare rights which do not give rise to a present controversy. The trial court did not abuse its discretion in deciding that the plaintiff did not state or prove a cause which would entitle her to declaratory relief." (Merkley v. Merkley, supra, 12 Cal.2d 543, 547.)