Can a party amend their pleading to conform to the proof at trial for abuse of discretion?

California, United States of America


The following excerpt is from Swendrak v. Urode, B275175 (Cal. App. 2017):

The trial court may allow a party to amend its pleading at any stage of the proceedings. ( 469 & 473, subd. (a)(1).) We review the court's ruling on a motion to amend a pleading to conform to proof at trial for abuse of discretion. (Duchrow v. Forrest (2013) 215 Cal.App.4th 1359, 1377 (Duchrow).)

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