Although the petition in this conservatorship proceeding sought to recover the conservatee's assets from appellant on the ground of fraud, it was clear from one of the supporting affidavits as well as from the conservator's cross motion to compel discovery that appellant's undue influence over the aged conservatee and the related question of the conservatee's capacity were the principal issues. In view of such notice and the corresponding absence of prejudice, the trial court...
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