The Honorable Kimberly A. Gaab

Fresno County Superior Court, Department 503

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

  • PETERSON V. ADT, LLC

    Nov 30, 2020 |  Fresno County

    Motion: Application of Dan J. Gendreau to appear as counsel pro
    hac vice
    Tentative Ruling:
    To grant the application. (Cal. Rules of Court, rule 9.40.)
    Explanation:
    Defendant has filed an application for Dan J. Gendreau to appear in the above- entitled case, pro hac vice. The Court ...

  • BMO HARRIS BANK N.A. V. JASANVIR GREWAL

    Nov 30, 2020 |  Fresno County

    Motion: Motion for Summary Judgment/Adjudication by Plaintiff BMO
    Harris Bank
    Tentative Ruling:
    To continue the hearing on the motion for summary judgment to March 9, 2021, at 3:30 p.m., in Department 503. To vacate the trial date currently set for January 20, 2021, and to set a trial settin...

  • WELLS FARGO BANK, N.A. V. HUDLER, ET AL.

    Nov 20, 2020 |  Fresno County

    Motion: Plaintiff’s motion to amend judgment
    Tentative Ruling:
    To grant Plaintiff's motion to amend the judgment that was entered July 10, 2020. The Court intends to sign the proposed amended judgment.
    Explanation:
    The Court has both inherent and statutory power to correct clerical erro...

  • DALTON V. HERNANDEZ

    Nov 18, 2020 |  Fresno County

    Motion: By defendants Hernandez and J&V Properties, Inc. for stay of
    proceedings and to vacate trial date
    Tentative Ruling:
    To deny the motion for stay, without prejudice, should further developments provide additional foundation for the relief sought. To vacate the March 8, 2021 trial date ...

  • ESCARENO, ET AL. V. YAMAMOTO, ET AL.

    Nov 17, 2020 |  Fresno County

    Motions: Petitions to compromise claim of a minor (x3)
    Tentative Ruling:
    To grant. Orders signed. Hearings off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order...

  • VALLEJOS V. SAINT AGNES MEDICAL CENTER

    Nov 16, 2020 |  Fresno County

    Motion: By Defendant Saint Agnes Medical Center for Summary
    Judgment or, in the Alternative, Summary Adjudication
    Tentative Ruling:
    To grant defendant Saint Agnes Medical Center’s motion for summary judgment as to the entire complaint against it. (Code Civ. Proc., § 437c.)
    Explanation:<...

  • DELAO V. LYONS MAGNUS, INC.

    Nov 16, 2020 |  Fresno County

    Motion: Order to Show Cause as to why administrator should not be
    ordered to refund excess payments mode to itself and redistribute
    such to class members
    Amendment of judgment under Code of Civil Procedure
    section 384, subdivision (b)
    Tentative Ruling:
    To continue to January 2...

  • PETERSON V. ADT, LLC

    Nov 16, 2020 |  Fresno County

    Motion: By defendants for admission of counsel pro hac vice
    Tentative Ruling:
    To deny, without prejudice.
    Explanation:
    The application states it was served by electronic service, which is permitted by Judicial Council Emergency Rule 12. However, Code of Civil Procedure section 1013b, su...

  • JAMERSON V. GADE, M.D., ET AL.

    Nov 16, 2020 |  Fresno County

    Motion: By Defendant St. Agnes Medical Center for Summary
    Judgment
    Tentative Ruling:
    To grant. (Code of Civ. Proc., § 437c, subd. (c).) The prevailing party is directed to submit to this court, within five (5) days of service of the minute order, a proposed judgment consistent with the court...

  • IN RE: 81 E. SUSSEX WAY, FRESNO, CA 93704

    Nov 10, 2020 |  Fresno County

    Motion: By Claimant Shelia M. Wood, as Successor Trustee of the
    Barton Leslie Ginsburg Living Trust, for Disbursement of Surplus
    Funds
    Tentative Ruling:
    To grant claimant Shelia M. Wood’s motion for disbursement of the surplus funds from the foreclosure sale of the property located at 8...

  • STATE OF CALIFORNIA V. ANDRANIGIAN ET AL.

    Oct 28, 2020 |  Fresno County

    Motion: Plaintiff State of California’s motion to compel initial
    discovery responses to special interrogatories, sets four and
    five, from defendant Brent Jackson and for monetary
    sanctions
    Tentative Ruling:
    To grant. (Code Civ. Proc., § 2030.290.) Within 20 days of service of the o...

  • WALLIS V. FELIX, ET AL.

    Oct 27, 2020 |  Fresno County

    Motion: By defendants for leave to file a first amended answer
    Tentative Ruling:
    To grant. Defendants shall file their amended pleading within 10 days from the date of service of this order by the clerk.
    Explanation:
    The court is allowed broad discretion in permitting the parties to ame...

  • WALKER V. KAISER

    Oct 27, 2020 |  Fresno County

    Motion: By Jaireese Walker to withdraw money from blocked account
    Tentative Ruling:
    To grant.
    Explanation:
    California law provides that the funds deposited into a blocked account while a person is a minor belong to the person and may be withdrawn at will when that person reaches the age...

  • ASSEMI BROTHERS, LLC V. WONDEFUL PISTACHIOS AND ALMONDS, LLC

    Oct 26, 2020 |  Fresno County

    Motion: By Defendant The Wonderful Company LLC for Demurrer and
    Defendant Wonderful Almond Cooperative’s Motion to Strike
    Portions of the Second Amended Complaint
    Tentative Ruling:
    To overrule the demurrer. (Code Civ. Proc., § 430.10.) To deny the motion to strike. (Code Civ. Proc., §§ ...

  • GARCIA V. SANCHEZ

    Oct 26, 2020 |  Fresno County

    Motions: By Defendant to Quash Service of Summons and to Dismiss
    Action; Court’s Order to Show Cause re Dismissal
    Tentative Ruling:
    To grant defendant’s motions to quash service of summons and to dismiss the action. (Code of Civ. Proc., §§ 418.10, 583.250.) To grant defendant’s requests for ...

  • WESTLANDS WATER DISTRICT NO. 1 V. ALL PERSONS INTERESTED

    Oct 21, 2020 |  Fresno County

    Motion: By plaintiff for order permitting service by publication
    Tentative Ruling:
    To grant with conditions.
    Explanation:
    The service proposed by plaintiff is permitted under Code of Civil Procedure sections 861 and 861.1. Plaintiff’s counsel avers that the newspapers suggested meet the...

  • WESTLANDS WATER DISTRICT NO. 2 V. ALL PERSONS INTERESTED

    Oct 21, 2020 |  Fresno County

    Motion: By plaintiff for order permitting service by publication
    Tentative Ruling:
    To grant with conditions.
    Explanation:
    The service proposed by plaintiff is permitted under Code of Civil Procedure sections 861 and 861.1. Plaintiff’s counsel avers that the newspapers suggested meet the...

  • KHACHIKIAN V. HICKS, ET AL.

    Oct 19, 2020 |  Fresno County

    In the event oral argument is timely requested, it will be heard on
    October 26, 2020, at 1:30 p.m., in Dept. 503.
    Motion: Plaintiff’s Motion for Leave to File Amended Complaint
    Tentative Ruling:
    To grant. Plaintiff shall file and serve the proposed First Amended Complaint within five (5...

  • FUKUDA V NUANCE ENERGY GROUP, INC.

    Oct 16, 2020 |  Fresno County

    In the event oral argument is timely requested, it will be heard on
    October 26, 2020, at 1:30 p.m., in Dept. 503.
    Motion: By plaintiff to compel arbitration
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    The motion seeks arbitration of the entire complaint, which in...

  • CARMON V. HORIZON HEALTH & SUBACUTE CENTER

    Oct 14, 2020 |  Fresno County

    Motion: Defendant Horizon Health and Subacute Center’s Demurrer
    to the First Amended Complaint and Motion to Strike Portions
    of the First Amended Complaint
    Tentative Ruling:
    To sustain the demurrer, with leave to amend. (Code of Civ. Proc., § 430.10, subd. (e).) To grant the motion to s...

  • BENITEZ V. JERRY’S TIRE SHOP, ET AL.

    Oct 13, 2020 |  Fresno County

    Motion: Plaintiff’s Motion to Enforce Settlement
    Tentative Ruling:
    To grant. Plaintiff is directed to submit a corrected proposed judgment within 10 days of service of this order.
    Explanation:
    Code of Civil procedure section 664.6 provides:
    If parties to pending litigation stipulat...

  • MCKNIGHT V. AGUIRRE

    Sep 28, 2020 |  Fresno County

    Motions: Petitions to Compromise Minors’ Claims (x3)
    Tentative Ruling:
    To grant. Orders signed. Hearings off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order a...

  • GARCIA V. SANCHEZ

    Sep 28, 2020 |  Fresno County

    Motions: By Defendant to Quash Service of Summons and to Dismiss
    Action; Court’s Order to Show Cause re Dismissal
    Tentative Ruling:
    To grant defendant’s motions to quash service of summons and to dismiss the action. (Code of Civ. Proc., §§ 418.10, 583.250.) To grant defendant’s requests for ...

  • IN RE: ADELINA ROSE CAMPOS

    Sep 25, 2020 |  Fresno County

    Motion: Petition to Compromise Minor’s Claim
    Tentative Ruling:
    To grant. Orders signed. Hearing off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting t...

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Recent Rulings by Hon. Kimberly A. Gaab

  • PETERSON V. ADT, LLC

    Nov 30, 2020 |  Fresno County

    Motion: Application of Dan J. Gendreau to appear as counsel pro
    hac vice
    Tentative Ruling:
    To grant the application. (Cal. Rules of Court, rule 9.40.)
    Explanation:
    Defendant has filed an application for Dan J. Gendreau to appear in the above- entitled case, pro hac vice. The Court ...

  • BMO HARRIS BANK N.A. V. JASANVIR GREWAL

    Nov 30, 2020 |  Fresno County

    Motion: Motion for Summary Judgment/Adjudication by Plaintiff BMO
    Harris Bank
    Tentative Ruling:
    To continue the hearing on the motion for summary judgment to March 9, 2021, at 3:30 p.m., in Department 503. To vacate the trial date currently set for January 20, 2021, and to set a trial settin...

  • WELLS FARGO BANK, N.A. V. HUDLER, ET AL.

    Nov 20, 2020 |  Fresno County

    Motion: Plaintiff’s motion to amend judgment
    Tentative Ruling:
    To grant Plaintiff's motion to amend the judgment that was entered July 10, 2020. The Court intends to sign the proposed amended judgment.
    Explanation:
    The Court has both inherent and statutory power to correct clerical erro...

  • DALTON V. HERNANDEZ

    Nov 18, 2020 |  Fresno County

    Motion: By defendants Hernandez and J&V Properties, Inc. for stay of
    proceedings and to vacate trial date
    Tentative Ruling:
    To deny the motion for stay, without prejudice, should further developments provide additional foundation for the relief sought. To vacate the March 8, 2021 trial date ...

  • ESCARENO, ET AL. V. YAMAMOTO, ET AL.

    Nov 17, 2020 |  Fresno County

    Motions: Petitions to compromise claim of a minor (x3)
    Tentative Ruling:
    To grant. Orders signed. Hearings off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order...

  • VALLEJOS V. SAINT AGNES MEDICAL CENTER

    Nov 16, 2020 |  Fresno County

    Motion: By Defendant Saint Agnes Medical Center for Summary
    Judgment or, in the Alternative, Summary Adjudication
    Tentative Ruling:
    To grant defendant Saint Agnes Medical Center’s motion for summary judgment as to the entire complaint against it. (Code Civ. Proc., § 437c.)
    Explanation:<...

  • DELAO V. LYONS MAGNUS, INC.

    Nov 16, 2020 |  Fresno County

    Motion: Order to Show Cause as to why administrator should not be
    ordered to refund excess payments mode to itself and redistribute
    such to class members
    Amendment of judgment under Code of Civil Procedure
    section 384, subdivision (b)
    Tentative Ruling:
    To continue to January 2...

  • PETERSON V. ADT, LLC

    Nov 16, 2020 |  Fresno County

    Motion: By defendants for admission of counsel pro hac vice
    Tentative Ruling:
    To deny, without prejudice.
    Explanation:
    The application states it was served by electronic service, which is permitted by Judicial Council Emergency Rule 12. However, Code of Civil Procedure section 1013b, su...

  • JAMERSON V. GADE, M.D., ET AL.

    Nov 16, 2020 |  Fresno County

    Motion: By Defendant St. Agnes Medical Center for Summary
    Judgment
    Tentative Ruling:
    To grant. (Code of Civ. Proc., § 437c, subd. (c).) The prevailing party is directed to submit to this court, within five (5) days of service of the minute order, a proposed judgment consistent with the court...

  • IN RE: 81 E. SUSSEX WAY, FRESNO, CA 93704

    Nov 10, 2020 |  Fresno County

    Motion: By Claimant Shelia M. Wood, as Successor Trustee of the
    Barton Leslie Ginsburg Living Trust, for Disbursement of Surplus
    Funds
    Tentative Ruling:
    To grant claimant Shelia M. Wood’s motion for disbursement of the surplus funds from the foreclosure sale of the property located at 8...

  • STATE OF CALIFORNIA V. ANDRANIGIAN ET AL.

    Oct 28, 2020 |  Fresno County

    Motion: Plaintiff State of California’s motion to compel initial
    discovery responses to special interrogatories, sets four and
    five, from defendant Brent Jackson and for monetary
    sanctions
    Tentative Ruling:
    To grant. (Code Civ. Proc., § 2030.290.) Within 20 days of service of the o...

  • WALLIS V. FELIX, ET AL.

    Oct 27, 2020 |  Fresno County

    Motion: By defendants for leave to file a first amended answer
    Tentative Ruling:
    To grant. Defendants shall file their amended pleading within 10 days from the date of service of this order by the clerk.
    Explanation:
    The court is allowed broad discretion in permitting the parties to ame...

  • WALKER V. KAISER

    Oct 27, 2020 |  Fresno County

    Motion: By Jaireese Walker to withdraw money from blocked account
    Tentative Ruling:
    To grant.
    Explanation:
    California law provides that the funds deposited into a blocked account while a person is a minor belong to the person and may be withdrawn at will when that person reaches the age...

  • ASSEMI BROTHERS, LLC V. WONDEFUL PISTACHIOS AND ALMONDS, LLC

    Oct 26, 2020 |  Fresno County

    Motion: By Defendant The Wonderful Company LLC for Demurrer and
    Defendant Wonderful Almond Cooperative’s Motion to Strike
    Portions of the Second Amended Complaint
    Tentative Ruling:
    To overrule the demurrer. (Code Civ. Proc., § 430.10.) To deny the motion to strike. (Code Civ. Proc., §§ ...

  • GARCIA V. SANCHEZ

    Oct 26, 2020 |  Fresno County

    Motions: By Defendant to Quash Service of Summons and to Dismiss
    Action; Court’s Order to Show Cause re Dismissal
    Tentative Ruling:
    To grant defendant’s motions to quash service of summons and to dismiss the action. (Code of Civ. Proc., §§ 418.10, 583.250.) To grant defendant’s requests for ...

  • WESTLANDS WATER DISTRICT NO. 1 V. ALL PERSONS INTERESTED

    Oct 21, 2020 |  Fresno County

    Motion: By plaintiff for order permitting service by publication
    Tentative Ruling:
    To grant with conditions.
    Explanation:
    The service proposed by plaintiff is permitted under Code of Civil Procedure sections 861 and 861.1. Plaintiff’s counsel avers that the newspapers suggested meet the...

  • WESTLANDS WATER DISTRICT NO. 2 V. ALL PERSONS INTERESTED

    Oct 21, 2020 |  Fresno County

    Motion: By plaintiff for order permitting service by publication
    Tentative Ruling:
    To grant with conditions.
    Explanation:
    The service proposed by plaintiff is permitted under Code of Civil Procedure sections 861 and 861.1. Plaintiff’s counsel avers that the newspapers suggested meet the...

  • KHACHIKIAN V. HICKS, ET AL.

    Oct 19, 2020 |  Fresno County

    In the event oral argument is timely requested, it will be heard on
    October 26, 2020, at 1:30 p.m., in Dept. 503.
    Motion: Plaintiff’s Motion for Leave to File Amended Complaint
    Tentative Ruling:
    To grant. Plaintiff shall file and serve the proposed First Amended Complaint within five (5...

  • FUKUDA V NUANCE ENERGY GROUP, INC.

    Oct 16, 2020 |  Fresno County

    In the event oral argument is timely requested, it will be heard on
    October 26, 2020, at 1:30 p.m., in Dept. 503.
    Motion: By plaintiff to compel arbitration
    Tentative Ruling:
    To deny without prejudice.
    Explanation:
    The motion seeks arbitration of the entire complaint, which in...

  • CARMON V. HORIZON HEALTH & SUBACUTE CENTER

    Oct 14, 2020 |  Fresno County

    Motion: Defendant Horizon Health and Subacute Center’s Demurrer
    to the First Amended Complaint and Motion to Strike Portions
    of the First Amended Complaint
    Tentative Ruling:
    To sustain the demurrer, with leave to amend. (Code of Civ. Proc., § 430.10, subd. (e).) To grant the motion to s...

  • BENITEZ V. JERRY’S TIRE SHOP, ET AL.

    Oct 13, 2020 |  Fresno County

    Motion: Plaintiff’s Motion to Enforce Settlement
    Tentative Ruling:
    To grant. Plaintiff is directed to submit a corrected proposed judgment within 10 days of service of this order.
    Explanation:
    Code of Civil procedure section 664.6 provides:
    If parties to pending litigation stipulat...

  • MCKNIGHT V. AGUIRRE

    Sep 28, 2020 |  Fresno County

    Motions: Petitions to Compromise Minors’ Claims (x3)
    Tentative Ruling:
    To grant. Orders signed. Hearings off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order a...

  • GARCIA V. SANCHEZ

    Sep 28, 2020 |  Fresno County

    Motions: By Defendant to Quash Service of Summons and to Dismiss
    Action; Court’s Order to Show Cause re Dismissal
    Tentative Ruling:
    To grant defendant’s motions to quash service of summons and to dismiss the action. (Code of Civ. Proc., §§ 418.10, 583.250.) To grant defendant’s requests for ...

  • IN RE: ADELINA ROSE CAMPOS

    Sep 25, 2020 |  Fresno County

    Motion: Petition to Compromise Minor’s Claim
    Tentative Ruling:
    To grant. Orders signed. Hearing off calendar.
    Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting t...

  • See More Results

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