An issue of fact arises:

1. Upon a material allegation in the complaint controverted by the answer; and,

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Terms Used In California Code of Civil Procedure 590

  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

2. Upon new matters in the answer, except an issue of law is joined thereon.

(Enacted 1872.)