2010 California Code
Code of Civil Procedure
Title 1. Of The Form Of Civil Actions

307.  There is in this State but one form of civil actions for the
enforcement or protection of private rights and the redress or
prevention of private wrongs.



308.  In such action the party complaining is known as the
plaintiff, and the adverse party as the defendant.



309.  A question of fact not put in issue by the pleadings may be
tried by a jury, upon an order for the trial, stating distinctly and
plainly the question of fact to be tried; and such order is the only
authority necessary for a trial.