§ 469 Variance between the allegation in a pleading and the proof shall not …
§ 470 Where the variance is not material, as provided in Section 469 the …
§ 471 Where, however, the allegation of the claim or defense to which the …
§ 471.5 (a) If the complaint is amended, a copy of the amendments shall …
§ 472 (a) A party may amend its pleading once without leave of the …
§ 472a (a) A demurrer is not waived by an answer filed at the same …
§ 472b When a demurrer to any pleading is sustained or overruled, and time …
§ 472c (a) When any court makes an order sustaining a demurrer without …
§ 472d Whenever a demurrer in any action or proceeding is sustained, the …
§ 473 (a) (1) The court may, in furtherance of justice, and on …
§ 473.1 The court may, upon such terms as may be just, relieve a party from a …
§ 473.5 (a) When service of a summons has not resulted in actual notice …
§ 474 When the plaintiff is ignorant of the name of a defendant, he must …
§ 475 The court must, in every stage of an action, disregard any error, …

Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 6 > Chapter 8 - Variance-Mistakes in Pleadings and Amendments

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • book: signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest. See California Penal Code 7
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • County: includes city and county. See California Government Code 19
  • county: includes "city and county". See California Penal Code 7
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • property: includes both real and personal property. See California Penal Code 7
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
  • Statute: A law passed by a legislature.
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Weeds: as used in this article , includes any of the following:

    California Government Code 39561.5

  • will: includes codicil. See California Penal Code 7
  • Will: includes codicil. See California Code of Civil Procedure 17
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17