Pooshs

Plaintiff was a cigarette smoker for 35 years, from 1953 through 1987. In 1989, she was diagnosed with chronic obstructive pulmonary disease (COPD), which plaintiff knew was caused by her smoking habit. Nevertheless, she did not sue the manufacturers of the cigarettes that she had smoked, and the statutory period for doing so elapsed.

In 1990 or 1991, plaintiff was diagnosed with periodontal disease, which she knew was caused by her smoking habit. Again, she did not sue the various cigarette manufacturers, and the statutory period for doing so elapsed.

In 2003, plaintiff was diagnosed with lung cancer. This time, she sued. We must decide whether the lawsuit is barred by the statute of limitations, which requires that a suit be brought within a specified period of time after the cause of action accrues.

The matter comes to us from the United States Court of Appeals for the Ninth Circuit. (See Cal. Rules of Court, rule 8.548.) The Ninth Circuit has asked us to answer two questions: “(1) Under California law, when may two separate physical injuries arising out of the same wrongdoing be conceived of as invading two different primary rights? [f] (2) Under California law,…