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Download Hon. Gaab ReportThe Hon. Kimberly A. Gaab is a judge for the Superior Court of Fresno County, California. In July 2008 she was appointed to the bench by former California Governor Arnold Schwarzenegger in order to fill a newly created seat. She won re-election in 2010 after running unopposed.
Judge Gaab earned her B.A. and M.B.A. from the University of California, Berkeley. She later earned her J.D. from the University of California, Berkeley School of Law.
She began her legal career in 1993 as an associate attorney at Jory, Peterson & Sagaser. She then joined Sagaser, Franson, Jamison & Jones in 1994. In 1999 she became the lead attorney for the State of California Court of Appeal in Fresno County, California. Prior to her appointment to the bench, she was Assistant U.S. Attorney for the U.S. Department of Justice.
She was the assistant presiding judge until her elevation to presiding judge in 2016. Since 2012 she has also served as a member of the court’s executive committee.
Mar 13, 2020 | Fresno County
Motions: KRC Management, LLC’s Motion to Compel Responses to Form
Interrogatories (General), Set One
KRC Management, LLC’s Motion to Compel Responses to Form
Interrogatories (Economic Litigation), Set One
KRC Management, LLC’s Motion to Compel Responses to Special
Interrogatories, ...
UPTOWN INVESTMENTS, LP V. SAN JOAQUIN CHEMICALS, INC.
Mar 13, 2020 | Fresno County
Motion: Defendant San Joaquin Chemicals, Inc.’s Motion for Summary
Judgment/Adjudication
Tentative Ruling:
To deny summary judgment and/or adjudication.
Explanation:
Burden on Summary Judgment
In ruling on a motion for summary judgment or summary adjudication, the court must “...
MAGDALENO V. J AND V PROPERTIES, INC./LEAD CASE
Mar 12, 2020 | Fresno County
Motions: Defendants J & V Properties and John Hovannisian’s motions to (1) compel response to interrogatories, (2) compel production of
documents, and (3) deem matters admitted, and for sanctions
Tentative Ruling:
To grant the motion to compel and order discovery responses due within ten (10...
NOTESTINE V. MCDONALD’S CORPORATION ET AL.
Mar 11, 2020 | Fresno County
Motion: Plaintiff’s Motion for Approval of PAGA Settlement
Tentative Ruling:
To grant and approve the settlement.
Explanation:
Plaintiff seeks approval of the settlement of the entire action. The operative pleading, the Second Amended Complaint, asserts the following three causes of act...
LANOTTE V. PAINTBRUSH, LLC, ET AL.
Mar 10, 2020 | Fresno County
Motion: Defendants Seniority, Inc. and Senior Quality Lifestyles Corporation’s Motion to Strike Portions of Third Amended Complaint
Tentative Ruling:
To deny. Defendants Seniority, Inc. and Senior Quality Lifestyles Corporation (“Seniority defendants”) shall file and serve their answer to the Thi...
RUSHING V. THE PERMANENTE MEDICAL GROUP, INC.
Feb 28, 2020 | Fresno County
In the event oral argument is timely requested, it will be heard on
March 4, 2020, at 3:30 p.m., in Dept. 503.
Motion: Plaintiff’s Motion to Compel Further Responses from Defendant The Permanente Group, Inc., to Form Interrogatories-Employment Law
Tentative Ruling:
To deny as untimely.<...
Feb 28, 2020 | Fresno County
In the event oral argument is timely requested, it will be heard on
March 4, 2020, at 3:30 p.m., in Dept. 503.
Motion: Defendants J & V Properties, Inc. and John Havannisian’s motion for summary adjudication
Tentative Ruling:
To grant the motion for summary adjudication. Defendant John ...
LAKISHA CARMON V. HORIZON HEALTH AND SUBACUTE CTR.
Feb 25, 2020 | Fresno County
Motion: Defendant’s Petition to Compel Arbitration
Tentative Ruling:
To deny defendant’s petition to compel arbitration. To sustain plaintiffs’ objections to the Healey declaration.
Explanation:
Defendant petitions this court to compel arbitration of the entire case or, in the alternati...
Feb 25, 2020 | Fresno County
Motion: Plaintiffs’ motion for leave to file a second amended
complaint
Tentative Ruling:
To grant. Plaintiffs are granted ten (10) days leave to file their amended pleading. The time in which the complaint can be amended will run from service by the clerk of the minute order. The new allega...
Feb 25, 2020 | Fresno County
Motion: Motion by Defendant John Tidwell to Quash Plaintiff’s Purported Service of Summons and Complaint
Tentative Ruling:
To grant.
Explanation:
Improper service of a summons can be challenged with a motion to quash pursuant to Code of Civil Procedure section 418.10. Without valid serv...
PEOPLE OF THE STATE OF CALIFORNIA V. WRIGHT, ET AL.
Feb 24, 2020 | Fresno County
Motion: Approval of receiver’s costs and Plaintiff’s attorney’s fees and costs for lien, and sale of premises and residence
Tentative Ruling:
To grant Plaintiff’s motion for approval of the receiver’s costs and Plaintiff’s attorney’s fees and costs for a lien, and sale of the premises and residen...
MAGDALENO V. J AND V PROPERTIES, INC./LEAD CASE
Feb 24, 2020 | Fresno County
Motions: Defendant David Hovannisian’s motion (a) to compel responses
from plaintiff Juan Sagrero to (1) form interrogatories
(employment), set one; (2) form interrogatories (general), set one;
(3) request for production of documents, set one; and (4) special
interrogatories, set one; (...
Feb 24, 2020 | Fresno County
Motion: Plaintiff Martin Moreno’s Motion for Summary Judgment or,
Alternatively, for Summary Adjudication
Tentative Ruling:
To take the motion off calendar without ruling on the merits, subject to being re- calendared and re-noticed once the personal representative of deceased defendant Jesu...
UNITED SECURITY BANK V. CLOVIS AUTO SALES, INC.
Feb 24, 2020 | Fresno County
Motion: Plaintiff’s Application for Default Judgment
Tentative Ruling:
To deny the application for default judgment, without prejudice, for failure to present evidence showing how the principal amount of the debt and the post- judgment interest have been calculated.
Explanation:
The cou...
SANCHEZ V. ARIEL TORRES, DMD, INC., ET AL.
Feb 18, 2020 | Fresno County
Motion: Defendants’ Motion for Summary Judgment/Adjudication
Tentative Ruling:
To deny the motions for summary judgment and adjudication as to both
defendants. To grant judgment on the pleadings, with leave amend, as to Dr. Ariel Torres, as to the entire complaint. To grant judgment on the p...
Feb 18, 2020 | Fresno County
Motion: By petitioner for approval of transfer of structured settlement payments
Tentative Ruling:
To deny and dismiss petition with prejudice on the basis that the transfer is not in the best interests of Daniel Chavarria.
Explanation:
Notice was inadequate under Insurance Code section...
Feb 18, 2020 | Fresno County
Motions: Leave to file cross-complaint and to bifurcate
Tentative Ruling:
To grant Defendant MRO’s motion for leave to file a cross-complaint. (Code Civ. Proc. §428.10.) Defendant MRO to file its cross-complaint within five (5) days, running from service by the clerk of the minute order. To grant...
SILVA V. FRESNO UNIFIED SCHOOL DISTRICT
Feb 18, 2020 | Fresno County
Motion: Petition to Approve Compromise of Disputed Claim of Minor in
Pending Action
Tentative Ruling:
To grant. Order signed. Hearing off calendar.
Pursuant to California Rules of Court, Rule 3.1312 and Code of Civil Procedure section 1019.5, subd. (a), no further written order is neces...
Jan 31, 2020 | Fresno County
In the event oral argument is timely requested, it will be heard on
February 5, 2020, at 3:30 p.m., in Dept. 503.
Motion: Default Prove-Up
Tentative Ruling:
To deny the request for default judgment, without prejudice.
Explanation:
“A dismissal of all parties against whom judgm...
BUCHAKLIAN V. WILLOW CREEK HEALTHCARE CENTER, LLC
Jan 31, 2020 | Fresno County
In the event oral argument is timely requested, it will be heard on
February 5, 2020, at 3:30 p.m., in Dept. 503.
Motions: Defendant’s motion to compel attendance at deposition and
request for monetary sanctions
Tentative Ruling:
To grant the motion to compel. The deposition of the...
MATADORS COMMUNITY CREDIT UNION V. FITZGERALD, ET AL.
Jan 31, 2020 | Fresno County
In the event oral argument is timely requested, it will be
heard on February 5, 2020, at 3:30 p.m., in Dept. 503.
Motion: Defendant Fitzgerald’s Motion to Set Aside Default
Tentative Ruling:
To deny.
Explanation:
Copies of the moving papers for motions must be served on the ot...
Jan 30, 2020 | Fresno County
In the event oral argument is timely requested, it will be heard on
February 5, 2020, at 3:30 p.m., in Dept. 503.
Motion: Order to Show Cause
Tentative Ruling:
To vacate the hearing on the Order to Show Cause and set the case for a dismissal hearing on March 10, 2020, at 3:30 p.m. in De...
PERCOATS V. PANOCHE WATER DISTRICT
Jan 29, 2020 | Fresno County
Motion: 1) Defendant Panoche Water District’s Demurrer to Plaintiffs’ First Amended Complaint
2) Plaintiffs’ Motion to Amend the Complaint
Tentative Ruling:
To sustain the general demurrer to the first cause of action, with leave to amend to allege compliance with the Tort Claims Act, but to...
CENTRAL VALLEY SADDLE CLUB V. GARZA ET AL.
Jan 29, 2020 | Fresno County
In the event oral argument is timely requested, it will be
heard on February 5, 2020, at 3:30 p.m., in Dept. 503.
Motion: Demurrer to Complaint
Tentative Ruling:
To sustain the general demurrers to the complaint without leave to amend. (Code Civ. Proc. § 430.10(e).) Prevailing parties a...
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