Jonathan Elliott v. Janssen Pharmaceuticals, Inc.

FILED
NOT FOR PUBLICATION JAN 28 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JONATHAN LEE ELLIOTT, No. 14-55283
Plaintiff - Appellant, D.C. No. 2:13-cv-00743-DMG-
MRW
v.
JANSSEN PHARMACEUTICALS, INC.; MEMORANDUM*
JOHNSON & JOHNSON, INC.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Dolly M. Gee, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Jonathan Lee Elliott appeals pro se from the district court’s summary
judgment in his diversity action alleging state law claims arising from his use of a
prescription medication. We have jurisdiction under 28 U.S.C. § 1291. We review
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
de novo. Tucker v. Baxter Healthcare Corp., 158 F.3d 1046, 1049 (9th Cir. 1998).
We affirm.
The district court properly granted summary judgment on the basis that
Elliott’s action was time-barred because Elliott filed his action more than two years
after his claims accrued and he failed to raise a genuine dispute of material fact as
to whether he was entitled to delayed accrual. See Cal. Code Civ. Proc. § 335.1
(two-year statute of limitations for personal injury actions); Slovensky v. Friedman,
49 Cal. Rptr. 3d 60, 68 (Ct. App. 2006), as modified on denial of reh’g (setting
forth California law regarding delayed accrual of the statute of limitations).
We reject as unsupported Elliott’s contention that he was entitled to statutory
tolling.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009)
(per curiam).
All pending requests and motions are denied.
AFFIRMED.
2 14-55283