California CodesCode of Civil Procedure - CCPPart 2 — Of Civil ActionsTitle 1 — Of the Form of Civil ActionsSection 309
A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial.
Notes
Allows a factual question not placed in issue by the pleadings to be tried by a jury when an order for trial distinctly and plainly states the question to be tried. Establishes that such an order is the only authority necessary for that jury trial, without requiring another authorization stated here.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 309 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-1/section-309