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Chapter 3. Issues--the Mode of Trial and Postponements - California Code of Civil Procedure Section 591

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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.

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Last modified: February 16, 2015