Collection Bureau of San Jose v. Rumsey

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…