There is a newer version of the California Code
2013 California Code
Code of Civil Procedure - CCP
PART 2. OF CIVIL ACTIONS
TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS
CHAPTER 8. Variance—Mistakes in Pleadings and Amendments
469
CA Civ Pro Code § 469 (2013) What's This?
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.
(Amended by Code Amendments 1873-74, Ch. 383.)
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