Collection Bureau of San Jose v. Rumsey

6 P.3d 713, 99 Cal. Rptr. 2d 792, 24 Cal. 4th 301, 24 Cal. 301, 2000 Cal. Daily Op. Serv. 7337, 2000 Daily Journal DAR 9713, 2000 Cal. LEXIS 6690
CourtCalifornia Supreme Court
DecidedAugust 31, 2000
DocketS079190
StatusPublished
Cited by73 cases

This text of 6 P.3d 713 (Collection Bureau of San Jose v. Rumsey) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collection Bureau of San Jose v. Rumsey, 6 P.3d 713, 99 Cal. Rptr. 2d 792, 24 Cal. 4th 301, 24 Cal. 301, 2000 Cal. Daily Op. Serv. 7337, 2000 Daily Journal DAR 9713, 2000 Cal. LEXIS 6690 (Cal. 2000).

Opinions

Opinion

BAXTER, J.

In this case we determine which statute of limitations governs an action by a collection agency against a surviving spouse for recovery of the hospital and medical expenses of a deceased spouse’s last illness.

Code of Civil Procedure former section 353 (Stats. 1990, ch. 140, § 1, p. 1172), applicable at all relevant times to this case, specified a one-year limitations period for surviving causes of action on the liabilities of decedents.1 Subject to certain exceptions and limitations, Probate Code section 13550 prescribes the manner and extent to which a surviving spouse remains personally liable for the debts of a deceased spouse. Probate Code section 13554, as worded at all times relevant herein, clarified that these debts may be enforced against the surviving spouse in the same manner as they could have been enforced against the deceased spouse if he or she had not died, and are subject to the same “defense[s], cross-complaint[s] or setoff[s]” that would have been available to the deceased spouse if the deceased spouse had not died. Most importantly, subdivision (c) of Probate Code section 13554 expressly and specifically provided that the one-year limitations period of [304]*304Code of Civil Procedure former section 353 (it now refers to Code Civ. Proc., § 366.2; see fn. 1, ante) is applicable to actions against a deceased debtor spouse, or derivatively, against the surviving spouse, for debts remaining unpaid upon the death of the debtor spouse.

The trial court found these statutory provisions controlling and concluded that because plaintiff collection agency had failed to file suit within one year of the death of the debtor spouse, its suit against the surviving spouse for recovery of the expenses of the debtor spouse’s last illness was barred by the limitations period of Code of Civil Procedure former section 353.

The Court of Appeal reversed, concluding that although the collection agency’s suit against the estate of the deceased debtor spouse, or derivatively against Donald Rumsey as the surviving spouse, was barred by the one-year limitations period of Code of Civil Procedure former section 353, an entirely separate and independent cause of action for recovery of the debt from the surviving spouse existed by virtue of Family Code section 914, which makes spouses personally liable for each other’s debts incurred for “necessaries of life.”2 The Court of Appeal went on to reason that the action pursuant to section 914 would be governed by the four-year limitations period of Code of Civil Procedure section 337 generally applicable to open book accounts, and that because the accounts receivable for the medical and hospital bills here in question qualify as open book accounts, the collection agency’s action against the surviving spouse, although filed only a few days shy of four years after the debtor spouse’s death, was nonetheless timely.

For the reasons to be explained, we conclude the provisions of sections 13550 and 13554 of the Probate Code exclusively control here, expressly making .the one-year limitations period of Code of Civil Procedure former section 353 applicable to actions of this nature. We shall therefore reverse the judgment of the Court of Appeal.

Facts and Procedural Background

Jean Rumsey (hereafter sometimes deceased spouse) died on November 4, 1990, in El Camino Hospital in Santa Clara County after a prolonged battle with cancer, leaving behind hospital bills totaling $103,715.95. The accounts were ultimately assigned for collection to respondent Collection Bureau of San Jose (CBSJ). The accounts receivable for medical expenses were technically open book accounts as set forth in Code of Civil Procedure section [305]*305337. (See County of Santa Clara v. Vargas (1977) 71 Cal.App.3d 510, 516-517 [139 Cal.Rptr. 537] [bill for medical expenses is a book account].) Generally, there is a four-year statute of limitations period applicable to claims on open book accounts. (Code Civ. Proc., § 337.) CBSJ filed its original complaint in this action against Mr. Donald Rumsey (hereafter sometimes Mr. Rumsey or surviving spouse) just three days shy of four years after Jean Rumsey’s death.

Mr. Rumsey demurred to the original complaint on the ground 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 CBSJ’s action against him, rendering the suit time-barred. The trial court agreed, sustaining the demurrer with leave to amend. CBSJ filed a first amended complaint; Mr. Rumsey demurred to the amended complaint on the same ground, and a second trial judge agreed with him, sustaining the demurrer with leave to amend. CBSJ then filed a second amended complaint; Mr. Rumsey demurred yet again on the ground that the one-year limitations period of former section 353 controlled ánd barred the action against him. This time, because the superior court judge who had heard the second demurrer was unavailable to hear the matter for the third time, it was heard by a retired justice of the Court of Appeal sitting as a temporary judge of the superior court. Mr. Rumsey’s previously twice-sustained demurrer was overruled and the matter set for trial.

By stipulation, trial was to the court on the sole legal issue of which statute of limitations properly applied. At the conclusion of trial, the court agreed with Mr. Rumsey, ruling that Probate Code section 13554 and the one-year limitations period of Code of Civil Procedure former section 353 controlled, rendering CBSJ’s action against him time-barred on its face. The court issued a statement of decision explaining its ruling on the dispositive statute of limitations issue. It also made factual findings in support of its further ruling, rejecting CBSJ’s claim that Mr. Rumsey should be estopped from demurring to the complaint on statute of limitations grounds because he had lulled CBSJ into not filing suit earlier, on the representation he could obtain payment of the owed amounts directly from his deceased wife’s medical insurer.

CBSJ appealed. The Court of Appeal reversed in an unpublished opinion. The appellate court explained why the court agreed with Mr. Rumsey’s position that “the limiting provisions of [Code of Civil Procedure former] section 353 and Probate Code section 13554 ápplied to any action against Jean Rumsey that survived her death. CBSJ therefore had until January 1, [306]*3061992 to bring an action to enforce Jean Rumsey’s debts.”3 But then, in a final single paragraph, the court set forth its rationale for reversing the judgment: “CBSJ also had a separate cause of action against [Mr. Rumsey] 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. . . . [T]his was an independent, not derivative, basis of [Mr. Rumsey’s] liability. Code of Civil Procedure section 337 allowed CBSJ four years to file an action against [Mr. Rumsey] for the balance due on his wife’s hospital expenses, which [Mr. Rumsey] concedes were incurred for the necessaries of life. Although Jean Rumsey’s death altered the period in which a suit could be brought to enforce her debt, [Mr. Rumsey’s] own personal liability for these expenses remained. Since the last entry on the hospital bill was November 4, 1990, and CBSJ’s original complaint was filed November 1, 1994, the action against [Mr.

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6 P.3d 713, 99 Cal. Rptr. 2d 792, 24 Cal. 4th 301, 24 Cal. 301, 2000 Cal. Daily Op. Serv. 7337, 2000 Daily Journal DAR 9713, 2000 Cal. LEXIS 6690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collection-bureau-of-san-jose-v-rumsey-cal-2000.