From our private database of 14,100+ case briefs...
Collection Bureau of San Jose v. Rumsey
Supreme Court of California
24 Cal. 4th 301 (2000)
Donald (defendant) and Jean Rumsey were married. In 1990, after a long battle with cancer, Jean passed away. Jean’s medical treatment left large medical bills behind. Collection Bureau of San Jose (plaintiff) (CBSJ) was assigned to collect the debts for Jean’s medical treatment. The last billing entry in the hospital records was November 4, 1990. CBSJ filed a complaint against Donald on November 1, 1994. Donald demurred to the complaint. The trial court sustained Donald’s demurrer because CBSJ’s action was time-barred. CBSJ filed amended complaints, and, ultimately, a trial was held on the sole issue of whether CBSJ’s claim was time-barred. The trial court ruled that CBSJ’s claim was time-barred based on the one-year period of limitations-provided by California Probate Code § 13554 and California Code of Civil Procedure § 353. CBSJ appealed. The court of appeals reversed, stating that CBSJ had an independent cause of action against Donald under California Family Code § 914. The four-year statute of limitations under § 914 rendered CBSJ’s complaint timely. Donald petitioned the Supreme Court of California for certiorari.
Rule of Law
Holding and Reasoning (Baxter, J.)
Dissent (Werdegar, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.