Statute · California Code of Civil Procedure
Cal. Civ. Proc. Code § 431.10 — Denials and Defenses
Cal. Civ. Proc. Code § 431.10
- Type
- Statute
- Source
- California Code of Civil Procedure
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
(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.
Citator
Cal. Civ. Proc. Code § 431.10 — Denials and Defenses is in force in the current edition of the Code, and nothing recorded condemns it.
(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.