An issue of law arises:
§ 589.Issue of Law
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 589 identifies two ways an issue of law arises in a civil action: a demurrer filed against a complaint, cross-complaint, answer, or part of one, or a motion to strike made under § 435, 436, or 473.
Full Text of § 589
Plain-English Summary
An issue of law under this chapter comes from one of two sources. The first is a demurrer — challenging the legal sufficiency of a complaint, cross-complaint, answer, or any part of one. The second is a motion to strike brought under § 435, 436, or 473, the sections that let a party ask the court to remove improper matter from a pleading.
Because these are legal questions rather than factual disputes, § 591 sends them to the court to decide rather than to a jury, unless the parties consent to have the issue referred instead.
Frequently Asked Questions
What two things create an issue of law under § 589?
A demurrer to a complaint, cross-complaint, answer, or part of one, and a motion to strike made under § 435, 436, or 473.
Who decides an issue of law raised this way?
The court, under § 591, unless the issue is referred by consent of the parties.
Does a motion to strike always create an issue of law?
Only when made under §§ 435, 436, or 473 — the sections § 589 specifically references.
Amendment History
Amended by Stats. 1983, Ch. 1167, Sec. 8.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: issue of law demurrer californiamotion to strike issue of law