California 2019-2020 Regular Session

California Assembly Bill AB3323 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3323Introduced by Assembly Member GabrielFebruary 21, 2020 An act to amend Section 469 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 3323, as introduced, Gabriel. Civil actions: pleadings. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 partys 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.
2	2
3	3	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3323Introduced by Assembly Member GabrielFebruary 21, 2020 An act to amend Section 469 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 3323, as introduced, Gabriel. Civil actions: pleadings. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
4	4
5	5
6	6
7	7
8	8
9	9	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
10	10
11	11	Assembly Bill
12	12
13	13	No. 3323
14	14
15	15	Introduced by Assembly Member GabrielFebruary 21, 2020
16	16
17	17	Introduced by Assembly Member Gabriel
18	18	February 21, 2020
19	19
20	20	An act to amend Section 469 of the Code of Civil Procedure, relating to civil actions.
21	21
22	22	LEGISLATIVE COUNSEL'S DIGEST
23	23
24	24	## LEGISLATIVE COUNSEL'S DIGEST
25	25
26	26	AB 3323, as introduced, Gabriel. Civil actions: pleadings.
27	27
28	28	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.
29	29
30	30	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.
31	31
32	32	This bill would make technical, nonsubstantive changes to this provision.
33	33
34	34	## Digest Key
35	35
36	36	## Bill Text
37	37
38	38	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 partys 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.
39	39
40	40	The people of the State of California do enact as follows:
41	41
42	42	## The people of the State of California do enact as follows:
43	43
44	44	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 partys 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.
45	45
46	46	SECTION 1. Section 469 of the Code of Civil Procedure is amended to read:
47	47
48	48	### SECTION 1.
49	49
50	50	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 partys 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.
51	51
52	52	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 partys 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.
53	53
54	54	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 partys 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.
55	55
56	56
57	57
58	58	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 partys 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.