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.
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...
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:<...
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...
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...
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...
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., §§ ...
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...
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...
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...
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 ...
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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