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 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 its general scope and meaning, it is not to be deemed a case of variance, within the meaning of Sections 469 and 470, but a failure of proof.
Notes
Defines a complete failure to prove the general scope and meaning of an alleged claim or defense as a failure of proof rather than a variance under the referenced provisions. The rule distinguishes total substantive nonproof from narrower discrepancies between allegation and evidence and states no amendment remedy or exception here.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 471 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6/chapter-8/section-471