Bartman

Plaintiff-appellant Lenore Elizabeth Bartman (hereafter appellant), through her guardian ad litem Eugenie Lois Bartman, appeals from a judgment of dismissal following an order sustaining, without leave to amend, the demurrer of defendant-respondent Estate of Richard Edward Bartman (hereafter the Estate) to appellant’s complaint for damages filed pursuant to Probate Code section 721.

The issue on appeal is whether appellant’s cause of action against the Estate, under Probate Code section 721 which became effective in 1972, is barred by the statute of limitations, where the decedent died in 1967 and appellant failed to file a creditor’s claim within the statutory time limits.

On October 8, 1967, appellant, a minor, was a passenger riding in a car driven by her father, Richard Edward Bartman (hereafter decedent). As the result of a collision with another automobile, decedent was killed and appellant suffered personal injuries. At the time of the accident, Vehicle Code section 17158 deprived an injured automobile guest of any recovery for the careless driving of his host in the absence of willful misconduct or intoxication.

On November 30, 1967, decedent’s personal…