California Legal Codes and Statutes

§ 469

Amended by Stats. 2017, Ch. 561, Sec. 22. (AB 1516) Effective January 1, 2018.

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.

Cite this section

Cal. Civ. Proc. Code § 469 (2026)
https://ca.codecond.com/codes/ccp/part-2-of-civil-actions/title-6-of-the-pleadings-in-civil-actions/chapter-8-variance-mistakes-in-pleadings-and-amendments/section-469

Other sections in Chapter 8 - Variance—Mistakes in Pleadings and Amendments

§ 469§ 470§ 471§ 471.5§ 472§ 472a§ 472b§ 472c§ 472d§ 473§ 473.1§ 473.2§ 473.5§ 474§ 475

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