California, United States of America
The following excerpt is from Walker v. Belvedere, 16 Cal.App.4th 1663, 20 Cal.Rptr.2d 773 (Cal. App. 1993):
Although the Code of Civil Procedure statutes use the word "may," thus committing the matter to the trial court's discretion, the "court must permit an amendment to conform to proof offered by plaintiff where no prejudice results to defendant." (Trainor v. Maus (1954) 126 Cal.App.2d 295, 302, 271 P.2d 957, citing Eckart v. Brown (1939) 34 Cal.App.2d 182, 188-189, 93 P.2d 212.) We see no reason to come to a different conclusion because a plaintiff's request is instead to "direct the fact to be found according to the evidence" as provided
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