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.
§ 591.Issue of Law Tried By Court
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 3. Issues—The Mode of Trial and Postponements · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 591 requires the court, rather than a jury, to try every issue of law unless the parties consent to have it referred instead, and treats a party's failure to prosecute a filed demurrer as a possible waiver of that demurrer except as § 430.80 otherwise provides.
Full Text of § 591
Plain-English Summary
Legal questions belong to the judge. This section makes that the default rule for every issue of law arising under § 589 — the court tries it, full stop, unless the parties agree to send it to a referee instead under this code's reference provisions.
The section also addresses what happens when a party files a demurrer and then doesn't follow through. Failing to prosecute that demurrer may be treated as a waiver of it, though § 430.80 carves out its own rule for when a failure to object is deemed a waiver of pleading defects, so the two provisions work together rather than in conflict.
Frequently Asked Questions
Who decides an issue of law in a civil case?
The court, unless the parties consent to have the issue referred to a referee instead.
What happens if a party files a demurrer but never brings it to a hearing?
That failure to prosecute the demurrer may be construed as a waiver of it, subject to § 430.80's own rule on waiver of pleading objections.
Can an issue of law ever go to a jury?
No. Section 591 sends issues of law to the court, in contrast to § 592, which sends most issues of fact to a jury.
Amendment History
Amended by Stats. 1982, Ch. 704, Sec. 9.
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 tried by court californiawaiver of demurrer failure to prosecute