California Code of Civil Procedure

§ 431.10

CCP § 431.10Title 6 · Part 2 · Ch. 3 · Art. 2

Statute 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.

…

Legislative history

Amended by Stats. 1986, Ch. 540, Sec. 2.