California · Code of Civil Procedure - CCP
CCP §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 person filing any demurrer to prosecute the same may be construed as
What this law says, in plain English
A court tries questions of law unless the parties agree otherwise. Failure to pursue a filed demurrer may be treated as abandonment.
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