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.
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
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 3323
Introduced by Assembly Member GabrielFebruary 21, 2020
Introduced by Assembly Member Gabriel
February 21, 2020
An act to amend Section 469 of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 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.
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
## Bill Text
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.
The people of the State of California do enact as follows:
## 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.
SECTION 1. Section 469 of the Code of Civil Procedure is amended to read:
### SECTION 1.
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.
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.
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.
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.