What is the test for making modifications at trial to conform to proof?
California, United States of America
The following excerpt is from Russo v. Bank of Am., N.A., D067623 (Cal. App. 2016):
trial to conform to proof . . . . [A]mendments at trial to conform to proof, 'if not prejudicial, are favored since their purpose is to do justice and avoid further useless litigation.' " (Garcia v. Roberts (2009) 173 Cal.App.4th 900, 909, fn. omitted.)
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