Price

Stephanie Dale Price appeals from a judgment of dismissal of a surety defendant, Fireman’s Fund Insurance Companies, in an action arising from the purported conversion of property by her mother, Shirley Price, as guardian of her estate. Stephanie contends the court erred in ruling she could not proceed against the surety until she established the amount of her loss through a surcharge order in probate court. We affirm.

According to Stephanie’s second amended complaint, Shirley was appointed guardian of her estate in 1969, when she was five years old. The estate consisted primarily of the $20,000 proceeds of a life insurance policy on Stephanie’s deceased father. Upon Shirley’s appointment she posted a $20,000 surety bond written by Fireman’s Fund Insurance Companies (hereafter Fireman’s Fund). When Stephanie turned 18 in 1982, she learned that Shirley had converted all of her estate.

By informal letter Stephanie’s counsel sought the assistance of the probate court in San Luis Obispo to determine the status of the estate. The court ordered Shirley to appear and show cause why she had not filed yearly accountings and why she should not be discharged and surcharged.…