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California Community Property Keyed to Carrillo, 11th Ed.
Collection Bureau of San Jose v. Rumsey
Citation:
24 Cal. 4th 301 (2000)Facts
Jean Rumsey died on November 4, 1990, at El Camino Hospital in Santa Clara County after a prolonged battle with cancer, leaving behind hospital bills totaling $103,715.95. The accounts were assigned to Collection Bureau of San Jose for collection. These medical expenses technically qualified as open book accounts under Code of Civil Procedure section 337, which generally carries a four-year statute of limitations. CBSJ filed its original complaint against Donald Rumsey, Jean’s surviving spouse, on November 1, 1994, just three days before the four-year anniversary of Jean’s death. Mr. Rumsey demurred three times on the ground that Probate Code sections 13550 and 13554 made the one-year limitations period of Code of Civil Procedure former section 353 applicable, rendering the suit time-barred. The first two demurrers were sustained with leave to amend, but the third was overruled by a different judge. After stipulated trial on the statute of limitations issue, the trial court ruled in favor of Mr. Rumsey, finding the action time-barred.
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