Ca_Law

statute | California

Code of Civil Procedure - CCP - CCP § 431.10

  • UIDca_leginfo_codes:ccp-431-10
  • CitationCode of Civil Procedure - CCP - CCP § 431.10
  • Court / bodyCalifornia Legislative Counsel
  • Decision dateN/A
  • CollectionPUBINFO_2025
  • SourceOriginal

Summary

(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 th

Text

(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.

Retrieval chunks

  • #1 | Code of Civil Procedure - CCP - CCP § 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 stateme…