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California Code of Civil Procedure Section 1173

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1173

1173.  When, upon the trial of any proceeding under this chapter, it
appears from the evidence that the defendant has been guilty of
either a forcible entry or a forcible or unlawful detainer, and other
than the offense charged in the complaint, the Judge must order that
such complaint be forthwith amended to conform to such proofs; such
amendment must be made without any imposition of terms. No
continuance shall be permitted upon account of such amendment unless
the defendant, by affidavit filed, shows to the satisfaction of the
Court good cause therefor.

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Last modified: March 17, 2014