There is a newer version of the California Code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
471
CA Civ Pro Code § 471 (2013) What's This?
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.
(Amended by Stats. 1986, Ch. 540, Sec. 5.)
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