§ 1173.Amendment of Complaint When Evidence Shows Defendant Guilty of Offense Other Than Charged In Complaint

Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 1885 · Last verified July 29, 2026

In one sentenceSection 1173 requires the court to order the complaint amended on the spot, without imposing any terms, when trial evidence shows the defendant committed a forcible entry, forcible detainer, or unlawful detainer different from what the complaint charged, and bars a continuance for that amendment unless the defendant's affidavit shows good cause.

Full Text of § 1173

Text size

When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the Judge must order that such complaint be forthwith amended to conform to such proofs; such amendment must be made without any imposition of terms. No continuance shall be permitted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the Court good cause therefor.

End

Plain-English Summary

Trial evidence doesn't always match the complaint exactly. If the proof at trial shows the defendant is guilty of some kind of forcible entry, forcible detainer, or unlawful detainer other than the one the complaint charged, the judge has to order the complaint amended right then to conform to what the evidence showed at trial — and that amendment comes with no conditions attached.

The defendant doesn't automatically get more time because the pleading changed. A continuance is available only if the defendant files an affidavit that satisfies the court there's good cause for one. That keeps a variance between the pleading and the proof from turning into a tool for delay in a case built around fast resolution.

Frequently Asked Questions

What happens if trial evidence shows a different kind of unlawful detainer than what was originally pled?

The judge must order the complaint amended on the spot to match the evidence, with no terms imposed on the amendment.

Do I get more time to respond after the complaint is amended this way?

Only if you file an affidavit showing good cause for a continuance — it isn't automatic.

Amendment History

Amended by Stats. 1885, Ch. 121.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: amend unlawful detainer complaint californiaconform complaint to proof eviction california