2013 California Code
Code of Civil Procedure - CCP
PART 2. OF CIVIL ACTIONS
TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS
CHAPTER 3. Objections to Pleadings; Denials and Defenses
ARTICLE 2. Denials and Defenses
431.10
(a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense.
(b) An immaterial allegation in a pleading is any of the following:
(1) An allegation that is not essential to the statement of a claim or defense.
(2) An allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense.
(3) A demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint.
(c) An immaterial allegation means irrelevant matter as that term is used in Section 436.
(Amended by Stats. 1986, Ch. 540, Sec. 2.)
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