Demartini v. Katz

In Demartini v. Katz (1942) 49 Cal.App.2d 67, decedent lived in plaintiff's house from September 1, 1910, to June 1, 1914, and plaintiff rendered services to decedent during that time. About June 1, 1914, decedent ceased to live in plaintiff's home and plaintiff rendered no services to him from that date until he again came to live with plaintiff in June of 1919. He continued to live with plaintiff until his death on October 20, 1937, promising to leave by will an amount to compensate plaintiff for services rendered during that period. The appellate court stated (49 Cal.App.2d at p. 70): "There is no evidence of any promise made by decedent during the period from 1910 to 1914 to compensate plaintiff by will or at all for the services rendered during that period. It follows that as to any possible implied contract to pay for the services from 1910 to 1914 the statute commenced to run when the decedent left plaintiff's home on June 1, 1914."