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 amendment, without costs.
Cal. Civ. Proc. Code § 470
Variance—Mistakes in Pleadings and Amendments
Amended by Stats. 1986, Ch. 540, Sec. 4.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.