588-598
CODE OF CIVIL PROCEDURE
SECTION 588-598
588. Issues arise upon the pleadings when a fact or a conclusion of
law is maintained by the one party and is controverted by the other.
They are of two kinds:
1. Of law; and,
2. Of fact.
589. An issue of law arises:
(a) Upon a demurrer to the complaint, cross-complaint, or answer,
or to some part thereof.
(b) Upon a motion to strike made pursuant to Section 435, 436, or
473.
590. An issue of fact arises:
1. Upon a material allegation in the complaint controverted by the
answer; and,
2. Upon new matters in the answer, except an issue of law is
joined thereon.
591. An issue of law must be tried by the court, unless it is
referred upon consent; provided, however, that failure on the part of
any person filing any demurrer to prosecute the same may be
construed as a waiver of such demurrer, except as otherwise provided
in Section 430.80 of this code.