Code of Civil Procedure 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.

Source: Section 469, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CCP§ionNum=469.­ (updated Jan. 1, 2018; accessed Jun. 25, 2025).

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Verified:
Jun. 25, 2025

§ 469's source at ca​.gov