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.
§ 590.Issue of Fact
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 590 explains that an issue of fact arises either from a material allegation in the complaint that the answer controverts, or from new matter the answer raises, unless that new matter itself amounts to an issue of law.
Full Text of § 590
Plain-English Summary
This section describes the two ways a factual dispute enters a case. The first is direct: the complaint makes a material allegation, and the answer disputes it. The second comes from the defense side — the answer raises new matter that wasn't in the complaint at all, such as an affirmative defense.
That second path has a carve-out. If the new matter the answer raises presents a question of law rather than fact — the kind of dispute § 589 covers — then it's an issue of law, not an issue of fact, and gets decided by the court under § 591 rather than sent to a jury under § 592.
Frequently Asked Questions
What are the two ways an issue of fact can arise?
A material allegation in the complaint that the answer controverts, or new matter the answer raises that isn't itself a legal question.
What if the new matter in the answer raises a legal question instead?
Who typically decides an issue of fact?
A jury, in most kinds of actions, under § 592 — though some factual issues go to the court instead.
Amendment History
Enacted 1872.
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 fact california civil procedurecontroverted allegation answer