PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Moving Papers
.........Amendment to Conform to Proof
4 Cards On This Topic:

Issues and evidence in support of SJ motion must be in and relate to pleadings; if they are not, moving party should request leave to amend.

When underlying triable facts in opposition decl. conflict with conclusion in pleading filed by same party, trial ct. should deny SJ and permit amendment.

If movant entitled to SJ, opponent cannot rely on allegations in proposed amended complaint to create triable issue of fact.

Motion to amend to conform to proof should be granted when variance between complaint and supporting decl. immaterial (does not mislead responding party).