CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469. - 475.]
Chapter 8 enacted 1872.
§§ 469–475 · 15 sections
- § 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…
- § 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…
- § 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…
- § 471.5 (a) If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as amended to be filed,…
- § 472 (a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer…
- § 472a (a) A demurrer is not waived by an answer filed at the same time. (b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a…
- § 472b When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the…
- § 472c (a) When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its discretion in making…
- § 472d Whenever a demurrer in any action or proceeding is sustained, the court shall include in its decision or order a statement of the specific ground or grounds…
- § 473 (a) (1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking…
- § 473.1 The court may, upon such terms as may be just, relieve a party from a judgment, order, or other proceeding taken against him or her, including dismissal of an…
- § 473.2 (a) A party that was not served with a summons and complaint in accordance with this chapter may file and serve a motion to set aside or vacate the default or… see note
- § 473.5 (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered…
- § 474 When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit,…
- § 475 The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in the…