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 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.
Notes
Requires an issue of law to be tried by the court unless the parties consent to a reference. Failure by a person who filed a demurrer to prosecute that demurrer may be treated as a waiver, subject to the exception stated in the referenced provision.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 591 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-8/chapter-3/section-591