Collection Bureau of San Jose v. Rumsey
Supreme Court of California
24 Cal. 4th 301 (2000)
After Jean Rumsey died from cancer-related medical treatment, Collection Bureau of San Jose (CBSJ) (plaintiff) was assigned to collect her outstanding medical debts and sued her husband Donald (defendant) nearly four years after her death; the trial court found the one-year limitations period under Probate Code § 13554 and Code of Civil Procedure § 353 applied and time-barred the claim, but the court of appeals reversed, holding CBSJ had an independent, four-year cause of action against Donald under Family Code § 914 for a spouse's separate-property liability.
Whether, under state law, a creditor's action to collect a deceased spouse's debts arising from medical treatment is subject to a one-year statute of limitations.