The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper:
§ 436.Authority of Court Upon Motion
Title 6. Of the Pleadings In Civil Actions · Chapter 4. Motion to Strike · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 436 authorizes a court, on a § 435 motion or on its own at any time, to strike any irrelevant, false, or improper matter from a pleading and to strike all or part of any pleading not filed in conformity with the law, a court rule, or a court order.
Full Text of § 436
(a) Strike out any irrelevant, false, or improper matter inserted in any pleading.
(b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.
Plain-English Summary
Section 436 states what a court can do with a motion to strike. On a motion under § 435, or on its own at any point and on whatever terms it thinks proper, the court may strike out irrelevant, false, or improper matter inserted into any pleading.
The court's authority reaches further than content alone. Subdivision (b) lets the court strike all or part of a pleading that was not drawn or filed in conformity with California law, a court rule, or a court order — covering procedural noncompliance as well as substantive irrelevance.
Because the court can act on its own motion, a motion to strike is not the only way improper matter gets removed from a pleading; a court that notices irrelevant or noncompliant material can act without waiting for either party to raise it.
Frequently Asked Questions
What can a court strike from a pleading under § 436?
Section 436 authorizes striking any irrelevant, false, or improper matter inserted in a pleading, and striking all or part of a pleading not drawn or filed in conformity with the law, a court rule, or a court order.
Can a court strike matter from a pleading without a motion?
Yes. Section 436 allows the court to act on its own, at any time, in addition to acting on a motion filed under § 435.
What does "irrelevant matter" mean for purposes of § 436?
Section 431.10(c) defines it to mean the same thing as an "immaterial allegation" under that section — allegations not essential to, or not supported by, an otherwise sufficient claim or defense.
Amendment History
Amended by Stats. 1983, Ch. 1167, Sec. 4.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: motion to strike irrelevant mattercourt authority motion to strike california