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What does it mean to "You can amend the pleadings to conform to proof at trial, during the trial."?

San Diego, CA |

Where can I find examples or procedures on amending to conform to proof at trial? Other question is can I get an acquittal / dismissal of the unwarranted and retaliatory 3 year permanent injunction (had it now for 1 year so far) without amending my complaint? Judge Frazier urged us to "mediate for a global resolution". Can I take it back to him after this defamation case is over and when I prevail? There was no sexual assault. Evidences were not reviewed. I also got two witness statements in March 8, 2010, came too late but still can be used here.
And reason I think I need to amend my complaint. Again unless I don't need to as she asserted to claim privilege w/ the RO in her SLAPPback that was denied on 11/5/09. 1. What does it mean to amend to conform to proof? 2. Can I resolve the RO?

1. There was a "legitimate purpose" on contacting the defendant. 2. There is clear and convincing evidence, including defendant's own emails, phone logs, and statements that prove there was no sexual assault. 3. Unfortunately for me, or men in general as it seems, you are SOL in TRO complaints. No evidences were reviewed. Even new one at the motion hearing. 4. Since defendant asserted privilege using the RO and she was denied in this defamation action, can I litigate to resolve the RO and take it back to the TRO dept to dismiss / vacate? 5. Do I need to amend my complaint to include this to resolve in this case even still? That really would be the only reason why I would pursue to ask to "amend to conform to proof at trial". Which if required, where to find info on how to do this correctly would be helpful. Thank you.

Attorney Answers 2


  1. Your question pertains to amending the pleadings to conform to the proof at trial. This means that if your complaint alleged a cause of action which you prove at trial, but the same proven facts can also support another cause of action, the court is supposed to allow you to amend to add that other cause of action, even at trial. It does not mean that you can amend the complaint for new causes of action relying on facts that you did not fully present at trial. If you go to your local law library, they should have examples of this if you ask the librarian for books with examples on California Civil Practice and Procedure.

    Your issues regarding defamation and SLAPP are very different. Perhaps the posting was just too chock full of different issues to fully answer, and you may want to break it down or consult with a lawyer on your case, so that you can rely on the information. With the set of facts that you provided and procedural issues, I don't think any reply to your questions can be reliable, since we have not reviewed the documents and entire procedural history to give an actual "answer."


  2. There is no form other then a form motion. Many times the Court will allow a verbal request to conform to the proof at trial. Normally this motion is brought to conform proof on damages and possible claims for monetary awards so the Judge or Jury can award the amount that is supported by the evidence that is admitted at trial.