Statute · California Code of Civil Procedure
Cal. Civ. Proc. Code § 469 — Variance—Mistakes in Pleadings and Amendments
Cal. Civ. Proc. Code § 469
- Type
- Statute
- Source
- California Code of Civil Procedure
- Jurisdiction
- California
- Date
- 2018-01-01
- Current through
- Nov 2, 2026 (California Legislative Counsel)
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 or her prejudice in maintaining his or her action or defense upon the merits. If it appears that a party has been so misled, the court may order the…
Citator
Cal. Civ. Proc. Code § 469 — Variance—Mistakes in Pleadings and Amendments is in force in the current edition of the Code, and nothing recorded condemns it.
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 or her prejudice in maintaining his or her action or defense upon the merits. If 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.