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

  • THOMPSON V. VELIZ, ET AL.

    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.<...

  • MAGDALENO V. TORRES, ET AL.

    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...

  • SALGADO V. L&F INCORPORATED

    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...

  • DAVTYAN V. TIDWELL

    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; (...

  • MORENO V. MORENO

    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...

  • IN RE DANIEL CHAVARRIA

    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...

  • COTTRELL V. JEFFERS, ET AL.

    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...

  • GIL V. PAIRIS

    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...

  • GARCIA ET AL. V. SANCHEZ

    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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Recent Rulings by Hon. Kimberly A. Gaab

  • THOMPSON V. VELIZ, ET AL.

    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.<...

  • MAGDALENO V. TORRES, ET AL.

    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...

  • SALGADO V. L&F INCORPORATED

    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...

  • DAVTYAN V. TIDWELL

    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; (...

  • MORENO V. MORENO

    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...

  • IN RE DANIEL CHAVARRIA

    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...

  • COTTRELL V. JEFFERS, ET AL.

    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...

  • GIL V. PAIRIS

    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...

  • GARCIA ET AL. V. SANCHEZ

    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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