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.
Cal. Civ. Proc. Code § 590
Issues—The Mode of Trial and Postponements
Enacted 1872.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.