Sections
15 entriesSection 469Limits a variance between pleading allegations and proof to being material only when it actually misled the adverse party to that party’s…Section 470Allows the court, when a pleading-proof variance is immaterial under the referenced provision, to direct a finding according to the evidence or…Section 471Defines a complete failure to prove the general scope and meaning of an alleged claim or defense as a failure of proof…Section 471.5Requires service of amendments or an amended complaint on affected defendants and generally gives them 30 days after service to answer, subject…Section 472Allows one amendment without court leave before a responsive pleading or motion is filed, or after a demurrer or strike motion but…Section 472aEstablishes that filing an answer with a demurrer does not waive the demurrer and sets post-ruling pleading procedures. Requires leave to answer…Section 472bSets amendment or answer time following a ruling on a demurrer from service of notice of the decision or order, unless notice…Section 472cAllows appellate review of whether denying leave to amend after sustaining a demurrer was an abuse of discretion even without an amendment…Section 472dRequires a court that sustains a demurrer to state the specific ground or grounds for its ruling, which may be done by…Section 473Allows courts to amend pleadings, extend response time, correct clerical mistakes, and relieve parties from judgments or defaults caused by mistake, inadvertence,…Section 473.1Allows a court to grant just relief from a judgment, order, dismissal, or proceeding entered after an application for court jurisdiction over…Section 473.2Allows a party not lawfully served with summons and complaint to move to vacate default or default judgment and defend or seek…Section 473.5Allows a party lacking actual notice in time to defend to seek relief from default within a reasonable time no later than…Section 474Allows a plaintiff ignorant of a defendant’s name to use a fictitious designation after stating that ignorance and requires amendment when the…Section 475Requires courts at every stage to disregard errors, rulings, instructions, or defects that do not affect substantial rights, and bars reversal unless…