California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 8 — Of the Trial and Judgment in Civil Actions, Chapter 3 — Issues—The Mode of Trial and Postponements, Section 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.
Notes
Defines when an issue of fact arises: when an answer controverts a material allegation in the complaint, and when the answer raises new matter. New matter does not create an issue of fact when an issue of law is joined on that matter.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 590 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-8/chapter-3/section-590