CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

99

Introduced by Assembly Member Gabriel

February 21, 2020

An act to amend Section 469 of the Code of Civil Procedure, relating to civil actions.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law provides that variance between the allegation in a pleading and the proof for that allegation shall not be deemed material unless it has actually misled the adverse party to its prejudice in maintaining an action or defense upon the merits. Existing law provides that if it appears a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just.

This bill would make technical, nonsubstantive changes to this provision.

The people of the State of California do enact as follows:

SECTION 1.

Section 469 of the Code of Civil Procedure is amended to read:

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 that party’s prejudice in maintaining his or her an 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.