California Codes, 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, Section 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.

Notes

Defines a material pleading allegation as one essential to a claim or defense that cannot be stricken without making it insufficient. Defines immaterial allegations as nonessential, unsupported or irrelevant allegations, or demands for unsupported relief, and equates immaterial allegation with irrelevant matter for purposes of the referenced motion-to-strike provision.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 431.10 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6/chapter-3/article-2/section-431-10

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