Grisham

ORDER

We certify to the California Supreme Court the questions set forth in Part II of this order. The answers to the certified questions depend upon California law, and the answers may be determinative of the outcome of the present appeals. We find no clear controlling precedent in the decisions of the California Supreme Court. The answers provided by the California Supreme Court to the certified questions will be followed by this court.

All further proceedings in these cases are stayed pending final action by the California Supreme Court, and these cases are withdrawn from submission until further notice from this court. If the California Supreme Court accepts the certified questions, the parties shall file a joint report six months after the date of acceptance and every six months thereafter, advising us of the status of the proceedings.

I. CAPTION AND COUNSEL

A. The captions of the cases are as follows:

MARIA CANNATA, Plaintiff-Appellant

v.

PHILIP MORRIS USA, INC., aka Philip Morris; BROWN & WILLIAMSON TOBACCO CORP., Defendants-Appellees

AND

LESLIE GRISHAM, Plaintiff-Appellant

v.

PHILIP MORRIS USA; BROWN & WILLIAMSON TOBACCO COMPANY CORP.,…