California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6 — Of the Pleadings in Civil Actions, Chapter 8 — Variance—Mistakes in Pleadings and Amendments, Section 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 immediate amendment, without costs.
Notes
Allows the court, when a pleading-proof variance is immaterial under the referenced provision, to direct a finding according to the evidence or to order an immediate amendment without costs. The provision applies only to nonmaterial variances and gives the court those two alternatives rather than treating the discrepancy as prejudicial.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 470 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6/chapter-8/section-470