The Honorable Kimberly A. Gaab

Fresno County Superior Court, Department 503

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Biography

The 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.

Recent Rulings by Hon. Kimberly A. Gaab

  • ENDARA V. GREGORY

    Nov 25, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: By cross-complainant Gregory to file First Amended Cross- Complaint Tentative Ruling: To deny. Explanation: The requirements for filing amended pleadings are set forth in California Rules of Court, rule 3.1324, which provides: A separate declaration must accompany the motion and must specify: (1) T...

  • VU V. HOVANNISIAN

    Nov 20, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    In the event oral argument is timely requested, it will be heard on November 22, 2019, at 9:30 a.m., in Dept. 503. Motion: Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To grant plaintiffs’ motion for preliminary approval of the class action settlement, and prelim...

  • MACQUARIE EQUIPMENT CAPITAL, INC. V. SEQUOIA EQUIPMENT COMPANY, INC.

    Nov 19, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: 1) Hearing on Plaintiff Macquarie Equipment Capital, Inc.’s Application for Right to Attach Order and for Issuance of a Writ of Attachment as to Defendant Sequoia Equipment Company, Inc. 2) Hearing on Defendant and Cross-Complainant Sequoia Equipment Company, Inc.’s Application for Right to Attach ...

  • FULFORD V. CENTEX HOMES

    Nov 19, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    In the event oral argument is timely requested, it will be heard on November 22, 2019, at 9:30 a.m., in Dept. 503. Motions: Contractors Insurance Company of North America’s motions (2) to intervene Tentative Ruling: To grant. The prospective intervenor shall file the complaints in intervention within 10 da...

  • BALL V. TUTELIAN & CO., INC.

    Nov 18, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: By Defendants to compel arbitration and stay proceedings Tentative Ruling: To sever the portion of the arbitration agreement that appears to limit the scope of judicial review of any arbitration decision on the grounds of unconscionability. To find the remainder of the arbitration agreement enforce...

  • SRABIAN V CHIARITO

    Nov 18, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: By Larry K. Buehner to Compel Morris and Lucille Srabian to Issue Acknowledgement of Full Satisfaction of March 4, 2019 Judgment (or, in the Alternative, to Have Clerk Enter Same) and for Attorney’s Fees and Costs, pursuant to Code of Civil Procedure section 724.050 Tentative Ruling: To deny the mo...

  • GARCIA V. GARCIA

    Nov 18, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    In the event oral argument is timely requested, it will be heard on November 22, 2019, at 9:30 a.m., in Dept. 503. Motion: Defendants’ Motions to Quash Deposition Subpoenas, Request for Protective Orders, and for Monetary Sanctions and Stay of Production Tentative Ruling: To deny defendants’ motions to qua...

  • STATE OF CALIFORNIA V. GEORGE JACKSON, ET AL.

    Nov 15, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: Order of Possession Tentative Ruling: To grant. Explanation: Considering the resolution of necessity and the filing of the notice of deposit, the State of California is entitled to possession of the property under Code of Civil Procedure section 1255.410, subdivision (d). The Court also notes that ...

  • WESTERN GENERAL INSURANCE COMPANY V. TES, ET AL.

    Nov 15, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: Summary adjudication Tentative Ruling: To continue Plaintiff’s motion for summary adjudication to December 5, 2019, at 3:30 p.m., in Department 503. (Code Civ. Proc. §437c(h).) Explanation: “A summary judgment is a drastic measure which deprives the losing party of trial on the merits. To mitigate ...

  • MIGUEL DE LA TORRE V. GENERAL MOTORS, LLC

    Nov 15, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motions: Plaintiff’s Four Motions to Compel Further Discovery Responses Tentative Ruling: To grant the motion to compel further responses, without objection, to Special Interrogatory (“SI”) nos. 1, 7-11, 13-14, 26, 31, 40, 41, 44-46. To deny as to SI nos. 25, 27, 34-36, 42, 47, 51, 53. (Code Civ. Proc. § 2...

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Recent Rulings by Hon. Kimberly A. Gaab

  • ENDARA V. GREGORY

    Nov 25, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: By cross-complainant Gregory to file First Amended Cross- Complaint Tentative Ruling: To deny. Explanation: The requirements for filing amended pleadings are set forth in California Rules of Court, rule 3.1324, which provides: A separate declaration must accompany the motion and must specify: (1) T...

  • VU V. HOVANNISIAN

    Nov 20, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    In the event oral argument is timely requested, it will be heard on November 22, 2019, at 9:30 a.m., in Dept. 503. Motion: Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To grant plaintiffs’ motion for preliminary approval of the class action settlement, and prelim...

  • MACQUARIE EQUIPMENT CAPITAL, INC. V. SEQUOIA EQUIPMENT COMPANY, INC.

    Nov 19, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: 1) Hearing on Plaintiff Macquarie Equipment Capital, Inc.’s Application for Right to Attach Order and for Issuance of a Writ of Attachment as to Defendant Sequoia Equipment Company, Inc. 2) Hearing on Defendant and Cross-Complainant Sequoia Equipment Company, Inc.’s Application for Right to Attach ...

  • FULFORD V. CENTEX HOMES

    Nov 19, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    In the event oral argument is timely requested, it will be heard on November 22, 2019, at 9:30 a.m., in Dept. 503. Motions: Contractors Insurance Company of North America’s motions (2) to intervene Tentative Ruling: To grant. The prospective intervenor shall file the complaints in intervention within 10 da...

  • BALL V. TUTELIAN & CO., INC.

    Nov 18, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: By Defendants to compel arbitration and stay proceedings Tentative Ruling: To sever the portion of the arbitration agreement that appears to limit the scope of judicial review of any arbitration decision on the grounds of unconscionability. To find the remainder of the arbitration agreement enforce...

  • SRABIAN V CHIARITO

    Nov 18, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: By Larry K. Buehner to Compel Morris and Lucille Srabian to Issue Acknowledgement of Full Satisfaction of March 4, 2019 Judgment (or, in the Alternative, to Have Clerk Enter Same) and for Attorney’s Fees and Costs, pursuant to Code of Civil Procedure section 724.050 Tentative Ruling: To deny the mo...

  • GARCIA V. GARCIA

    Nov 18, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    In the event oral argument is timely requested, it will be heard on November 22, 2019, at 9:30 a.m., in Dept. 503. Motion: Defendants’ Motions to Quash Deposition Subpoenas, Request for Protective Orders, and for Monetary Sanctions and Stay of Production Tentative Ruling: To deny defendants’ motions to qua...

  • STATE OF CALIFORNIA V. GEORGE JACKSON, ET AL.

    Nov 15, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: Order of Possession Tentative Ruling: To grant. Explanation: Considering the resolution of necessity and the filing of the notice of deposit, the State of California is entitled to possession of the property under Code of Civil Procedure section 1255.410, subdivision (d). The Court also notes that ...

  • WESTERN GENERAL INSURANCE COMPANY V. TES, ET AL.

    Nov 15, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motion: Summary adjudication Tentative Ruling: To continue Plaintiff’s motion for summary adjudication to December 5, 2019, at 3:30 p.m., in Department 503. (Code Civ. Proc. §437c(h).) Explanation: “A summary judgment is a drastic measure which deprives the losing party of trial on the merits. To mitigate ...

  • MIGUEL DE LA TORRE V. GENERAL MOTORS, LLC

    Nov 15, 2019 |  Judge Kimberly A. Gaab |  Fresno County, CA

    Motions: Plaintiff’s Four Motions to Compel Further Discovery Responses Tentative Ruling: To grant the motion to compel further responses, without objection, to Special Interrogatory (“SI”) nos. 1, 7-11, 13-14, 26, 31, 40, 41, 44-46. To deny as to SI nos. 25, 27, 34-36, 42, 47, 51, 53. (Code Civ. Proc. § 2...

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