WAYNE E. VILLINES ET AL VS. ABB, INC. ET AL
Case Information
Motion(s)
Motion for Summary Judgment; Motion for Summary Adjudication
Motion Type Tags
Motion for Summary Judgment · Motion for Summary Adjudication
Parties
- Plaintiff: WAYNE E. VILLINES
- Defendant: REX INTERNATIONAL U.S.A., INC.
- Defendant: ABB, INC.
Ruling
On Asbestos Law and Motion Calendar for Tuesday, November 25, 2025, Department 304, Line 2.
2. Defendant Rex International U.S.A., Inc.'s ("Rex" or "Defendant") Motion for Summary Judgment is DENIED. Defendant' s Motion for Summary Adjudication is GRANTED in part and DENIED in part. Opposition filed. Reply filed.
Defendant moves for summary judgment, or in the alternative, summary adjudication on all causes of action on the ground that (1) Plaintiff was not exposed to asbestos from any product manufactured, sold or distributed by Rex and (2) Rex has no successor liability for the Wheeler Manufacturing Corporation, the manufacturer of the beveling tool at issue.
Plaintiffs oppose the motion. They argue Defendant can be held liable under the product line successor rule established in Ray v. Alad (1977) 19 Cal.3d 22. The Court finds a triable issue of material fact exists as to whether Rex can be held liable under that exception. Defendant's Motion for Summary Judgment is denied. Defendant's Motion for Summary Adjudication as to the Strict Liability (Second Cause of Action) is DENIED. (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) | |