Chapter 8. Variance--mistakes in Pleadings and Amendments - California Code of Civil Procedure Section 469

469.  Section Four Hundred and Sixty-nine. No variance between the
allegation in a pleading and the proof is to be deemed material,
unless it has actually misled the adverse party to his prejudice in
maintaining his action or defense upon the merits. Whenever it
appears that a party has been so misled, the Court may order the
pleading to be amended, upon such terms as may be just.

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Last modified: February 16, 2015