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Cal. Rules of Court, rule 469
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§ 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 or he…
Part 2: Of Civil Actions | Title 6: Of the Pleadings in Civil Actions | Chapter 8: Variance—Mistakes in Pleadings and Amendments
Rule Text
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.
Amendment history: Amended by Stats. 2017, Ch. 561, Sec. 22. (AB 1516) Effective January 1, 2018.