Chapter 8. Variance--mistakes in Pleadings and Amendments - California Code of Civil Procedure Section 471

471.  Where, however, the allegation of the claim or defense to
which the proof is directed, is unproved, not in some particular or
particulars only, but in its general scope and meaning, it is not to
be deemed a case of variance, within the meaning of Sections 469 and
470, but a failure of proof.

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Last modified: February 16, 2015