What must a party do if they wish to amend the pleadings to conform to the evidence presented at trial?

The correct answer is to make the motion at any time before judgment. Under California law, a party is allowed to amend their pleadings to conform to the evidence presented during trial to ensure that the trial reflects the true nature of the parties' rights and liabilities. This flexibility is crucial for allowing the case to be fairly adjudicated based on the evidence rather than being strictly limited by the initial pleadings.

In California, the courts aim to promote justice and avoid technical dismissals where substantive rights are at stake. As such, a motion to amend can typically be made at any time before judgment is entered. This allows for the introduction of amendments that accurately match the evidence, thus facilitating a fair trial process that aligns with the facts presented.

The other options do not accurately represent the procedural rules related to amending pleadings. Filing an appeal before judgment is inappropriate in this context since amendments should happen during the trial phase. Submitting a new complaint is unnecessary and overly burdensome when an amendment to the existing pleadings suffices. Finally, while obtaining consent from all parties may smoothen the process, it is not a requirement for making a motion to amend before judgment, as the court can grant the amendment even over objections if it is in the interest of justice