California, United States of America
The following excerpt is from Nevarez v. Nevarez, 202 Cal.App.2d 596, 21 Cal.Rptr. 70 (Cal. App. 1962):
The trial court has the discretion to permit amended pleadings to conform to proof adduced at the trial. The rule is stated in Rieger v. Rich, 163 Cal.App.2d 651, at page 666, 329 P.2d 770, at page 779 as follows: 'Appellants rest a claim of prejudicial error upon the action of the trial court in permitting respondents over objection, to file an amended complaint to conform to proof after the trial had been concluded. Conceding that the amended complaint raised issues not framed by the original pleadings, it did plead issues raised by the evidence and which were treated as such during the trial. The granting or denial of permission to file amendments to pleadings to conform to proof rests largely in the discretion of the trial court. The reason therefor is obvious and is intended to insure, as far as possible, that substantial justice is done by a liberal construction of the rule. When the amended complaint filed herein is compared with the evidence adduced at the trial, we are satisfied that there was no abuse of discretion on the part of the court in permitting it to be filed.'
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.