The Hon. Brian L. McCabe is a judge for the Superior Court of Merced County in California. He was appointed to the bench by former Governor Arnold Schwarzenegger in 2004, filling a vacancy created by the elevation of the Hon. Betty Dawson to the California Fifth District Court of Appeal.
McCabe earned a B.S. in agricultural economics from the University of California, Davis in 1985. He then completed a J.D. from Whittier College School of Law in 1989.
Early in his legal career, McCabe worked as an associate at the Law Offices of Kahn, Soares and Conway. Then, in 1994, he joined Allen, Polgar, Proietti and Fagalde, where he was a managing partner until 2002. At that time, he left the firm in order to start his own private practice as a sole practitioner. He worked in that capacity until his appointment to the bench.
McCabe has served on the Trial Court Presiding Judge Advisory Committee, the Civil and Small Claims Advisory Committee, and the Strategic Evaluation Committee of the Judicial Council of California.
He is registered as a Republican.
LATOYA MARSHALL VS. LETICIA BANKHEAD
Request for Civil Harassment Restraining Orders
Appearance required.
DR. ABNER WARD VS. KEVIN ANDREWS, ET AL.
Motion to Strike Portions of Complaint
The unopposed motion by defendants Kevin Andrews and Mary Binion to strike portions of the complaint is GRANTED in part and DENIED in part. The motion to strike the fifth cause of action for slander is DENIED. The complaint alleges sufficient facts to constitute ...
RACHELLE RUBIO VS. RICH BOYS TOYS, INC., ET AL.
Demurrer to First Amended Class Action Complaint
The Court notes that on January 15, 2019 plaintiff Rachelle Rubio filed a second amended complaint without obtaining leave of court. (See Code Civ. Proc., § 472, subd. (a).) The second amended complaint implicitly concedes the pleading defects asserted ...
ANGELA ABRIL-GUTHMILLER VS. CRISTAL MAGANA/SORIANO/BENAVIDEZ, CASTILLO
Request for Civil Harassment Restraining Orders
Appearance required.
ROBERT FASSETT VS. DAVID TELLING, ET AL.
Application for Right to Attach Order and for Issuance of Writ of Attachment After further legal research following the hearing on January 16, 2019, the Court confirms that where the defendant is a corporation, property subject to attachment includes “all corporate property for which a method of levy is pr...
Request for Elder or Dependent Adult Abuse Restraining Orders
Appearance required.
JAIME VEGA, ET AL. VS. MICHAEL TURNER, ET AL.
Demurrer to 4th Amended Complaint – County of Merced and Vern Warnke
The Court apologizes to the parties for the delay in hearing the pending demurrers, but the Court on its own motion continues the demurrers to Monday, February 4, 2019 at 8:15 a.m. in Courtroom 8.
Demurrer to 4th Amended Complai...
MARIA NIETO ARIAS VS. YESSENIA RAMIREZ
Request for Civil Harassment Restraining Orders
Appearance required.
Petition for Name Change
Appearance required.
DANIEL GAMBOA VS. KIRSTIE DAVIDSON
Motion to Compel Responses to Special Interrogatories
Assuming plaintiff has provided all outstanding discovery responses as indicated in the declarations of plaintiff’s counsel, it appears to the Court that defendant Kirstie Davidson’s motion to compel responses to special interrogatories is MOOT. In...
SANTIAGO MARTINEZ VS. SIERRA MEDICAL SERVICE ALLIANCE
Case Management Conference
Appearance required.
SHARON ROBINSON VS. WALMART CORPORATION
OSC Why Sanctions Should Not Be Imposed Against Attorney N. Fernandez for Failure to Appear at Case Management Conference on November 26, 2018
Appearance required.
Case Management Conference
Appearance required.
ROBERT FASSETT VS. DAVID TELLING, ET AL.
Application for Right to Attach Order and for Issuance of Writ of Attachment Appearance required.
Case Management Conference
This matter will be heard in Courtroom 4 of the Main Merced Courthouse at 8:15 a.m. Please refer to tentative rulings for Courtroom 4.
Case Management Conference
Appearance required.
Request for Civil Harassment Restraining Orders
This matter will be heard in Courtroom 4 of the Main Merced Courthouse at 8:15 a.m. Please refer to tentative rulings for Courtroom 4.
Request for Civil Harassment Restraining Orders
Appearance required.
MIDLAND FUNDING LLC VS. ALBERTO FRANCO
Motion for Judgment on the Pleadings
The unopposed motion for judgment on the pleadings by plaintiff Midland Funding LLC is GRANTED without leave to amend the answer. (Code Civ. Proc., § 438, subd. (c)(1)(A).) The Court finds that the complaint states facts sufficient to constitute causes of action fo...
ALBERTO MUNIZ, ET AL. VS CTC INVESTORS, LLC, ET AL.
Motion for Summary Judgment
On the Court’s own motion, the motion for summary judgment is continued to Tuesday, January 29, 2019 at 8:15 a.m. in Courtroom 8. The mandatory settlement conference scheduled for 9:00 a.m. is continued to Monday, February 4, 2019 at 9:00 a.m. in Courtroom 8. Settlement con...
CONFIDENTIAL PER CODE CIV. PROC., § 1161.2(A)(1)]
Demurrer to Complaint
Defendant’s general demurrer to the complaint is OVERRULED. A demurrer challenges only defects appearing on the face of the pleading or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Code Civ. Proc., § 430.30.) The co...
MERCEDES-BENZ FINANCIAL SERVICES USA, LLC VS. PRITPAL SANDHU, ET AL.
Petition for Writ of Possession - Super Truck Lines, Inc.
Appearance required.
Petition for Writ of Possession - Pritpal Sandhu
Appearance required.
Petition for Name Change
Appearance required.
JOSE ROSAS GONZALES, ET AL. VS. RALPH BURNSIDE
OSC re: Dismissal – Notice of Settlement
Appearance NOT required. Dismissal of complaint and cross-complaint received, accepted and filed. Case dismissed.
CONFIDENTIAL PER CODE CIV. PROC., § 1161.2(A)(1)]
Demurrer to Complaint
Defendant’s general demurrer to the complaint on the ground the 30-day notice to quit was insufficient is OVERRULED. A demurrer challenges only defects appearing on the face of the pleading or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (198...
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