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.
§ 470.Where Variance Not Material
Title 6. Of the Pleadings In Civil Actions · Chapter 8. Variance—Mistakes in Pleadings and Amendments · Last amended 1986 · Last verified July 28, 2026
In one sentenceSection 470 provides that where a variance under § 469 is not material, the court may direct that the facts be found according to the evidence, or may order an immediate amendment without costs.
Full Text of § 470
Plain-English Summary
Once § 469 tells a court that a particular variance is not material, § 470 tells the court what to do about it: nothing drastic. The court may find the facts according to the evidence, or it may order the pleading amended immediately, without imposing costs on the pleading party.
Frequently Asked Questions
What happens when a variance between pleading and proof is not material?
Section 470 lets the court find the facts according to the evidence presented or order an immediate amendment, and does so without imposing costs.
Does an immaterial variance amendment under § 470 cost the pleading party anything?
No. The section specifies the amendment is ordered without costs.
Amendment History
Amended by Stats. 1986, Ch. 540, Sec. 4.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: immaterial variance amendment without costsamendment to conform to evidence california