Audisio

*508 Opinion

Mary Frances Audisio, plaintiff, petitioner, cross-defendant, and appellant (hereinafter “wife"), and Anthony Audisio, defendant, cross-complainant, and respondent (hereinafter “husband”), were married on June 14, 1969. On November 14, 1969, wife filed a complaint for annulment based on alleged fraud of husband. On December 9, 1969, husband filed an answer denying fraud and cross-complained for annulment based on alleged fraud of wife. He added four more causes of action to his cross-complaint, seeking first, to recover moneys transferred to wife as a result of her alleged undue influence, breach of trust and breach of confidential relationship; second, to impose a constructive trust upon real property owned by wife; third, for moneys had and received by wife for the use and benefit of husband; and fourth, to recover moneys allegedly loaned by husband to wife. Wife filed an answer to the cross-complaint on December 31, 1969, essentially denying the allegations of the cross-complaint. This set of pleadings was filed prior to the effective date of the Family Law Act.

On February 26, 1970, wife moved for leave to file an amended petition for nullity or in the…