Ellis

MEMORANDUM *

James Ellis appeals the district court’s decision granting summary judgment to defendants-appellees (hereinafter referred to as “tobacco companies”). Ellis challenges the district court’s determination that California Civil Code § 1714.45 (“the Immunity Statute”) neither tolled the applicable statute of limitations for Ellis’ tobacco-related claims nor postponed the accrual of Ellis’ cause of action. The facts and prior proceedings are known to the parties; they are not recited herein, except as necessary.

I

The tobacco companies’ summary judgment motion was based on undisputed facts. The district court’s grant of summary judgment therefore concerned issues of law only, which we review de novo. Bianchi v. Walker, 163 F.3d 564, 568 (9th Cir.1998). The district court noted that Ellis’ first claim — that the statute of limitations was tolled until the repeal of the Immunity Statute — would require the court to interpret the repeal of § 1714.45 as having a retroactive effect that supersedes the statute of limitations. We deferred submission pending certification to the California Supreme Court in a related case. See Myers v. Phillip Morris Cos., 239 F.3d 1029 (9th…