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 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 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.
Notes
Limits a variance between pleading allegations and proof to being material only when it actually misled the adverse party to that party’s prejudice in maintaining the action or defense on the merits. If prejudice from being misled appears, allows the court to order an amendment of the pleading on just terms.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 469 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6/chapter-8/section-469