§ 431.10 Material and immaterial allegations, defined

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§ 431.10. Material and immaterial allegations, defined

    (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.