Code of Civil Procedure - CCP
PART 2. OF CIVIL ACTIONS [307 - 1062.34]
( Part 2 enacted 1872. ) TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475]
( Title 6 enacted 1872. ) CHAPTER 8. Variance—Mistakes in Pleadings and Amendments [469 - 475]
( Chapter 8 enacted 1872. ) 471.
Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the meaning of Sections 469 and 470, but a failure of proof.
(Amended by Stats. 1986, Ch. 540, Sec. 5.)