Collection Bureau Of San Jose v. Rumsey

24 Cal. 4th 301 (2000)

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Nature of the Case

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Facts

Jean (W) died on November 4, 1990, leaving behind hospital bills totaling $103,715.95. The accounts were eventually assigned for collection to P. The accounts were open book accounts as set forth in Code of Civil Procedure section 337. There is a four-year statute of limitations period applicable to claims on open book accounts. P filed its original complaint against H just three days shy of four years after W's death. H demurred in that sections 13550 and 13554 of the Probate Code together made the one-year statute of limitations period of Code of Civil Procedure former section 353 applicable to P's action against him, rendering the suit time-barred. The trial court agreed. It sustained a demurrer with leave to amend. H demurred to the amended complaint on the same ground, and a second trial judge agreed. P filed a second amended complaint, and H demurred yet again on the ground that the one-year limitations period of former section 353 controlled and barred the action. H's previously twice-sustained demurrer was overruled and the matter set for trial. After trial, the court agreed with H, ruling that Probate Code section 13554 and the one-year limitations period of Code of Civil Procedure former section 353 controlled. P appealed. The Court of Appeal reversed. It ruled that P also had a separate cause of action against H under Code of Civil Procedure section 337 because Family Code section 914 (formerly Civ. Code, § 5120.140) made him personally responsible for obligations incurred for his wife's necessaries of life. Since section 337 allowed P four years to file an action, a suit could be brought to enforce the debt as they were clearly necessities. H appealed.