Title 6: Of the Pleadings in Civil Actions | Chapter 8: Variance—Mistakes in Pleadings and Amendments
California Code of Civil Procedure – 2026
§ 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…
§ 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 may order an im…
§ 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 in…
§ 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 to be …
§ 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, or after a d…
§ 472a
(a) A demurrer is not waived by an answer filed at the same time.
§ 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 service of notice of …
§ 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 in m…
§ 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 or g…
§ 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 adding or st…
§ 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, including dismiss…
§ 473.2
(a) A party that was not served with a summons and complaint in accordance with this chapter may file and serve a motion to set aside or vacate the de…
§ 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 judgment has been ent…
§ 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 is commenced by af…
§ 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 t…