Ca_Law | Corpus

Code of Civil Procedure - CCP - CCP § 464

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 464

(a) The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer. (b) The plaintiff and defendant, or petitioner and respondent, may, in any act

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Code of Civil Procedure - CCP - CCP § 465

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 465

Except with leave of the court, all pleadings subsequent to the complaint, together with proof of service unless a summons need be issued, shall be filed with the clerk or judge, and copies thereof served upon the adverse party or his or her attorney.

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Code of Civil Procedure - CCP - CCP § 469

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 prejudice in maintaining his or her action or defense upon the merits. If it appears that a party has been so misled, the court

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Code of Civil Procedure - CCP - CCP § 470

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 470

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.

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Code of Civil Procedure - CCP - CCP § 471

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 failu

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Code of Civil Procedure - CCP - CCP § 471.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 471.5

(a) If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as amended to be filed, and a copy of the amendments or amended complaint must be served upon the defendants affected thereby. The defendant shall

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Code of Civil Procedure - CCP - CCP § 472

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 472

(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and ser

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Code of Civil Procedure - CCP - CCP § 472a

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 472a

(a) A demurrer is not waived by an answer filed at the same time. (b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed

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Code of Civil Procedure - CCP - CCP § 472b

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 472b

When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order, unless the notice is waived in open court, and the waiver entered in the minutes. When an order sustaining

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Code of Civil Procedure - CCP - CCP § 472c

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 472c

(a) When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its discretion in making such an order is open on appeal even though no request to amend such pleading was made. (b) The following orders shall be de

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Code of Civil Procedure - CCP - CCP § 472d

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 472d

Whenever a demurrer in any action or proceeding is sustained, the court shall include in its decision or order a statement of the specific ground or grounds upon which the decision or order is based which may be by reference to appropriate pages and paragraphs of the demurrer. Th

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Code of Civil Procedure - CCP - CCP § 473

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 473

(a) (1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, u

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Code of Civil Procedure - CCP - CCP § 473.1

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 473.1

The court may, upon such terms as may be just, relieve a party from a judgment, order, or other proceeding taken against him or her, including dismissal of an action pursuant to Section 581 or Chapter 1.5 (commencing with Section 583.110) of Title 8, where a court of this state h

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Code of Civil Procedure - CCP - CCP § 473.2

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 473.2

(a) A party that was not served with a summons and complaint in accordance with this chapter may file and serve a motion to set aside or vacate the default or default judgment and for leave to defend the action or to move for dismissal. (b) (1) A party moving to set aside or vaca

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Code of Civil Procedure - CCP - CCP § 473.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 473.5

(a) When service of a summons was lawfully effected but has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against the party in the action, the party may serve and file a notice of motion to set aside the d

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Code of Civil Procedure - CCP - CCP § 474

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 474

When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the

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Code of Civil Procedure - CCP - CCP § 475

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 475

The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in the opinion of said court, does not affect the substantial rights of the parties. No judgment, decision, or decree shall be reverse

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