WAYNE E. VILLINES ET AL VS. ABB, INC. ET AL
Case Information
Motion(s)
Motion for Summary Adjudication
Motion Type Tags
Motion for Summary Adjudication
Parties
- Plaintiff: WAYNE E. VILLINES
- Defendant: ABB, INC.
- Defendant: HENNESSY INDUSTRIES, LLC
Ruling
On Asbestos Law and Motion Calendar for Tuesday, November 25, 2025, Department 304, Line 2.
1. Defendant Hennessy Industries, LLC's ("Hennesy" or "Defendant") Motion for Summary Adjudication is GRANTED in part and DENIED in part. Opposition filed. Reply filed. Defendant moves for summary adjudication as to Plaintiffs' third cause of action for negligent misrepresentation, fourth cause of action for fraud by nondisclosure, and claim for punitive damages.
As to the third and fourth causes of action, Defendant contends (1) there is no evidence demonstrating that Hennessy made any representations to Mr. Villines, (2) that Mr. Villines relied on any representation made by Defendant, and (3) there was no fiduciary relationship between Mr. Villines and Hennessy. Additionally, Defendant argues there is no triable issue of material fact regarding malice, oppression or fraud necessary to support punitive damages. Plaintiffs oppose the motion.
Defendant's motion is granted as to the third cause of action for negligent misrepresentation. Defendant's motion is granted as to the fourth cause of action for fraud by nondisclosure. Defendant's motion is denied as to Plaintiffs' claim for punitive damages. (Due to the court website's character limitations, the Court's complete tentative ruling was e-served to all parties. Please see transaction number 77853766.)
Any party wishing to contest the tentative ruling must email contestasbestostr@sftc.org by 4:00 p.m. on the day before the hearing and state their intention to contest. If a hearing is requested, it will be on November 25, 2025, at 9:00 a.m. Attorneys may appear in person or remotely via zoom: Meeting ID 160 757 8308; Passcode: 485029. Face coverings are optional.
The Court no longer provides a court reporter in the Law and Motion department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: Their name, CSR and telephone number, and their individual work email address. There will be only one official record. If the parties cannot agree, the Court will designate a qualified court reporter to provide the official transcript for the matter, and the party or parties will bear the cost. =(304/EPS) | |