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.
(Amended by Stats. 1982, Ch. 704, Sec. 9.)
Last modified: October 25, 2018