California Code of Civil Procedure CHAPTER 8 - Variance—Mistakes in Pleadings and Amendments

• Section [469.].
  Variance between the allegation in a pleading and the proof shall not be deemed material, unless it has actually misled the adverse party to his...
• Section 470.
  Where the variance is not material, as provided in Section 469 the court may direct the fact to be found according to the evidence, or...
• Section 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...
• Section 471.5.
  (a) If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as amended...
• Section 472.
  (a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed,...
• Section 472.a.
  (a) Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or...
• Section 472a.
  (a) A demurrer is not waived by an answer filed at the same time.(b) Except as otherwise provided by rule adopted by the Judicial Council, if a...
• Section 472a.a.
  (a) A demurrer is not waived by an answer filed at the same time.(b) Except as otherwise provided by rule adopted by the Judicial Council, if a...
• Section 472b.
  When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the...
• Section 472c.
  (a) When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its discretion...
• Section 472d.
  Whenever a demurrer in any action or proceeding is sustained, the court shall include in its decision or order a statement of the specific ground...
• Section 473.
  (a) (1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by...
• Section 473.1.
  The court may, upon such terms as may be just, relieve a party from a judgment, order, or other proceeding taken against him or her,...
• Section 473.5.
  (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default...
• Section 474.
  When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action...
• Section 475.
  The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in the...

Last modified: October 22, 2018