California Code of Civil Procedure CHAPTER 3 - Issues—The Mode of Trial and Postponements

• Section 588.
  Issues arise upon the pleadings when a fact or a conclusion of law is maintained by the one party and is controverted by the other....
• Section 589.
  An issue of law arises:(a) Upon a demurrer to the complaint, cross-complaint, or answer, or to some part thereof.(b) Upon a motion to strike made pursuant to...
• 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...
• 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...
• Section [592.].
   Section Five Hundred and Ninety-two. In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as...
• Section 594.
  (a) In superior courts either party may bring an issue to trial or to a hearing, and, in the absence of the adverse party, unless the...
• Section 594a.
  The court may, of its own motion, postpone the trial, if at the time fixed for the trial the court is engaged in the trial...
• Section 595.
  The trial of any civil action, or proceeding in a court, or of any administrative proceeding before a state board or commission or officer, irrespective...
• Section 595.1.
  The term “proceeding in a court” as it is used in Section 595 shall include any discovery proceeding, pretrial conference, deposition, interrogatory, or any other...
• Section 595.2.
  In all cases, the court shall postpone a trial, or the hearing of any motion or demurrer, for a period not to exceed thirty (30)...
• Section 595.3.
  In actions involving the title to mining claims, or involving trespass for damage upon mining claims, if it be made to appear to the satisfaction...
• Section 595.4.
  A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the...
• Section 596.
  The party obtaining a postponement of a trial, if required by the adverse party, must consent that the testimony of any witness of such adverse...
• Section 597.
  When the answer pleads that the action is barred by the statute of limitations, or by a prior judgment, or that another action is pending...
• Section 597.5.
  In an action against a physician or surgeon, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor,...
• Section 598.
  The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby,...

Last modified: October 22, 2018