Where the variance is not material, as provided in Section 469 the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
(Amended by Stats. 1986, Ch. 540, Sec. 4.)
Section 470
Code Civ. Proc. § 470, under Variance—Mistakes in Pleadings and Amendments.
Code Civ. Proc. § 470