Defendants and cross-complainants Label Specialties, Inc. and Rossi/Jack’son, Inc.’s motion to strike the 17th, 18th, and 25th affirmative defenses and prayer for attorneys’ fees in plaintiff and cross-defendants Bret and Thomas Wetterhus’ answer to first amended cross-complaint (“FACC”) is GRANTED with 10 days leave to amend.

A court may strike out any irrelevant, false, or improper matter inserted in any pleading or 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. Code Civ. Proc. Section 436. “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not supported by the allegations of the pleading. Code Civ. Proc. Section 431.10(b).

The same liberal policy regarding amendments that applies to the sustaining of demurrers applies for motions to strike. If a defect may be correctible, leave to amend should usually be given. Grieves v. Superior Court (1984) 157 Cal. App. 3d 159, 168.

Here, Cross-Complainants’ contention that the allegations of the 17th, 18th, and 25th affirmative defenses have nothing to do with this action is unrebutted. The contention is also supported by a review of the First Amended Cross-Complaint. Those affirmative defenses are therefore irrelevant.

Further, in the absence of an agreement for recovery of fees or specific statutory provision, attorneys’ fees are not generally recoverable by the prevailing party in a lawsuit. Trope v. Katz (1995) 11 Cal. 4th 274, 278-79. Such basis must appear on the face of the pleading or by matters that may properly be judicially noticed. Code Civ. Proc. Section 431.10(b)(3). In the absence of any such basis, the prayer for attorneys’ fees is irrelevant. No such basis is apparent or has been shown.