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.
§ 471.Unproven Allegation Not Deemed Variance But Failure of Proof
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 471 provides that when an allegation is unproven not merely in some particular but in its general scope and meaning, that is a failure of proof rather than a variance within the meaning of §§ 469 and 470.
Full Text of § 471
Plain-English Summary
Sections 469 and 470 deal with variance — a pleading and the proof that diverge on details. Section 471 draws the line where variance stops applying. When the proof fails to support an allegation not just in some detail but in its whole scope and meaning, the problem is not a variance to be cured by amendment; it is a failure of proof, meaning the claim or defense itself was not established.
The distinction has teeth. A variance can often be fixed with an amendment under § 469 or § 470. A failure of proof cannot be papered over the same way — the party did not prove what it alleged.
Frequently Asked Questions
What is the difference between a "variance" and a "failure of proof"?
A variance under §§ 469-470 is a mismatch in some particular between the pleading and the evidence. Section 471 treats a total failure to support the allegation’s general scope and meaning as a failure of proof instead, which amendment does not cure.
Can amending the pleading fix a failure of proof under § 471?
Section 471 treats a failure of proof as distinct from variance precisely because the claim or defense as a whole was not established, not merely misdescribed.
Amendment History
Amended by Stats. 1986, Ch. 540, Sec. 5.
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: failure of proof versus variance californiaunproven allegation general scope