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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.
PLUMMER V. ASSISTANCE LEAGUE OF FRESNO THRIFT BOUTIQUE
Aug 10, 2020 | Fresno County
Motion: Defendant’s motion for judgment on the pleadings
Tentative Ruling:
To grant with leave to amend. New allegations shall be in boldface type font. A First Amended Complaint must be filed and served by September 10, 2020. Explanation:
The court has considered plaintiff’s supplemental op...
Jul 31, 2020 | Fresno County
Motion: By Plaintiff Nagra for Default Judgment
Tentative Ruling:
To grant the motion for default judgment against defendant Hector Davila, in the amount of $202,711, plus costs of $585. (Code Civ. Proc. § 585.)
Explanation:
The court grants the application for default judgment. However...
Jul 30, 2020 | Fresno County
Motions: By plaintiff to compel further responses to special interrogatories By plaintiff to deem requests for admission admitted
Tentative Ruling:
To grant the motion as to the interrogatories, and order a verified response without objections be served on or before August 25, 2020. To grant the ...
Jul 30, 2020 | Fresno County
Motion: By Intervenor United Specialty Insurance Company and
Defendant Ying Pao Lee for Order Setting Compensation of
Expert and Imposing Monetary Sanctions
Tentative Ruling:
To order off calendar for failure to serve the proposed deponent, Dr. Alan Brant. Explanation:
Given that t...
PREMIER VALLEY BANK V. ARISE CONSTRUCTION, INC.
Jul 30, 2020 | Fresno County
Motion: Default
Bankruptcy Status Conference
Tentative Ruling:
To take the default prove-up hearing off calendar. To continue the bankruptcy status conference to August 27, 2020, at 3:30 p.m., in Department 503. Status conference statements must be filed and served by each party no later tha...
Jul 29, 2020 | Fresno County
Motions: 1) by plaintiff to file First Amended Complaint
2) by plaintiff for an order to Show Cause why defendant William
Alexander Carney Should Not be Held in Contempt
Tentative Ruling:
To grant both motions. To order that a separately bound First Amended Complaint be filed by August ...
DITURI V. NORTH POINT HEALTHCARE & WELLNESS CENTRE, LP, ET AL.
Jul 29, 2020 | Fresno County
Motion: Defendants North Point Healthcare & Wellness Centre, LP
and Boardwalk West Financial Services, LLC’s Petition to
Compel Arbitration
Tentative Ruling:
To grant and compel plaintiffs to arbitrate their claims against defendants North Point Healthcare & Wellness Centre, LP (“North ...
Jul 29, 2020 | Fresno County
Consolidated cases:
Superior Court Case No. 12CECG03902, lead case,
consolidated with Case Nos. 13CECG00135,
15CECG01410, and 15CECG02784
Motion: By Defendants John and Janie Garcia to Quash Deposition
Subpoena for Business Records Served on Fresno First Bank
Tentative Ruling:...
Jul 27, 2020 | Fresno County
Motion: By Defendants Covenant Care, LLC, et al. for Demurrer to First Amended Complaint and Motion to Strike Portions of First
Amended Complaint
Tentative Ruling:
To sustain the demurrer to the first and second causes of action in the first amended complaint for failure to state facts suffi...
Jul 23, 2020 | Fresno County
Motion: Default Prove-Up
Tentative Ruling:
To order the matter off calendar.
Explanation:
Initially, the court intended to take this matter off calendar because plaintiffs failed to file any paperwork in conjunction with the prove-up hearing. However, plaintiffs finally filed their pape...
Jul 21, 2020 | Fresno County
Motion: Default judgment
Tentative Ruling:
To grant Plaintiff’s application for default judgment. (Code Civ. Proc. §585; Cal. Rules of Court, rule 3.1800.)
Explanation:
Plaintiff has offered evidence proving up the existence of the contract; performance by Plaintiff; breach of the contr...
PEREZ V. PRIDESTAFF, INC., ET AL.
Jul 21, 2020 | Fresno County
Motion: By Cross-Defendant Inland Star Distribution Centers, Inc., for summary judgment on Defendant/Cross-Complainant
PrideStaff, Inc.’s cross-complaint
Tentative Ruling:
To deny Cross-Defendant Inland Star Distribution Centers, Inc.’s motion for summary judgment on Defendant/Cross-Complain...
SPANIER V. NOLTE SHEET METAL WORKS, INC.
Jul 20, 2020 | Fresno County
Motion: By Defendants Gamino and Nolte Sheet Metal Works for
Change of Venue
Tentative Ruling:
To deny defendants’ motion to change venue to Madera County. (Code Civ. Proc. § 397, subd. (c).)
Explanation:
The court initially notes that the case has been properly commenced in Fresno...
SATANDER CONSUMER USA, INC. V. LICON
Jul 16, 2020 | Fresno County
Motion: Petition for Declaratory Judgment
Tentative Ruling:
To take the hearing off calendar.
Explanation:
This action is neither a civil action, nor a special proceeding. An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the declaration...
SANCHEZ V. WONDERFUL PISTACHIOS & ALMONDS, LLC
Jul 16, 2020 | Fresno County
Motion: By Defendant Wonderful Pistachios & Almonds LLC to Compel
Arbitration and to Dismiss Plaintiff’s Complaint
Tentative Ruling:
To grant defendant Wonderful Pistachios & Almonds LLC’s motion to compel plaintiff to arbitrate her claims. (Code Civ. Proc. § 1281.2.) To deny the motion to d...
Jul 15, 2020 | Fresno County
Motion: By Defendant City of Fresno for Demurrer to Complaint
Tentative Ruling:
To overrule the demurrer to the second cause of action, and to sustain the demurrer to the third cause of action, without leave to amend. Defendant City of Fresno is granted 10 days’ leave to file its answer to the co...
Jul 13, 2020 | Fresno County
Motion: Motion by Honda defendants for protective order
Tentative Ruling:
To grant, in part, and deny, in part. Defense counsel is to lodge a protective order with the changes discussed below on or before July 31, 2020.
Explanation:
The Court does not at this time make any findings on w...
DAVIS V. FRESNO UNIFIED SCHOOL DISTRICT
Jul 13, 2020 | Fresno County
Motion: Petition to Compromise a Minor’s Claim
Tentative Ruling:
To grant, but with the attorney’s fees reduced to $33,555.37.
Explanation:
Counsel’s fee request appears to have a calculation error. Counsel seeks 25 percent of the net settlement, which the Court calculates to be $33,555...
CODY FLOWE V. WEST COAST CHASSIS, LLC
Jul 10, 2020 | Fresno County
Motion: Plaintiff’s Application to Serve the Secretary of State
Tentative Ruling:
To grant. Service shall be made by delivering by hand to the Secretary of State, or to any person employed in the Secretary of State's office in the capacity of assistant or deputy, one copy of the process for each ...
Jun 30, 2020 | Fresno County
Motion: Petition to Compromise a Minor’s Claim
Tentative Ruling:
To grant. Order 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 ...
PUMA CONSTRUCTION & RESTORATION CO., INC. V. ARRIAGA
Jun 29, 2020 | Fresno County
Motion: By Petitioner Puma Construction to Appoint an Arbitrator
Tentative Ruling:
To grant the petition to appoint arbitrators to hear the dispute between petitioner Puma Construction and respondent Mary Arriaga. (Code Civ. Proc. § 1281.6.) The court orders the parties to meet and confer and pre...
ASSEMI BROTHERS, LLC, ET AL. V. WONDERFUL PISTACHIOS & ALMONDS,LLC, ET AL.
Jun 26, 2020 | Fresno County
Motion: By Defendants/Cross-Complainants Wonderful Pistachios &
Almonds, LLC, et al. For Leave to File First Amended Cross-
Complaint
Tentative Ruling:
To grant defendants/cross-complainants’ motion to file the first amended cross- complaint. (Code Civ. Proc. § 473, subd. (a).) Defendan...
PLUMMER V. ASSISTANCE LEAGUE OF FRESNO THRIFT BOUTIQUE
Jun 25, 2020 | Fresno County
Motion: Defendant’s motion for judgment on the pleadings
Tentative Ruling:
To continue the hearing to Friday, July 31, 2020, at 9:30 a.m., in Department 503. Plaintiff shall file and serve a new opposition no later than Friday July 10, 2020. Explanation:
For motions for judgment on the plead...
Jun 19, 2020 | Fresno County
Motion: Petition to compromise a minor’s claim
Tentative Ruling:
To deny without prejudice. Petitioner to file an amended petition addressing the concerns set forth below.
Explanation:
At item 13a(1), Petitioner provides that the minor’s total medical expenses are $3,248.74; however, th...
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