The Honorable Brian L. McCabe
Merced County Superior Court, Department 8
Biography
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.
Recent Rulings by Hon. Brian L. McCabe
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DR. ABNER WARD VS. KEVIN ANDREWS, ET AL.
Jan 24, 2019 | Judge Brian L. McCabe | Merced County, CA
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 a cau...
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RACHELLE RUBIO VS. RICH BOYS TOYS, INC., ET AL.
Jan 24, 2019 | Judge Brian L. McCabe | Merced County, CA
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 by de...
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LATOYA MARSHALL VS. LETICIA BANKHEAD
Jan 24, 2019 | Judge Brian L. McCabe | Merced County, CA
Request for Civil Harassment Restraining Orders Appearance required.
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ANGELA ABRIL-GUTHMILLER VS. CRISTAL MAGANA/SORIANO/BENAVIDEZ, CASTILLO
Jan 24, 2019 | Judge Brian L. McCabe | Merced County, CA
Request for Civil Harassment Restraining Orders Appearance required.
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ROBERT FASSETT VS. DAVID TELLING, ET AL.
Jan 24, 2019 | Judge Brian L. McCabe | Merced County, CA
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...
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Jan 18, 2019 | Judge Brian L. McCabe | Merced County, CA
Request for Elder or Dependent Adult Abuse Restraining Orders Appearance required.
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Jan 17, 2019 | Judge Brian L. McCabe | Merced County, CA
Petition for Name Change Appearance required.
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JAIME VEGA, ET AL. VS. MICHAEL TURNER, ET AL.
Jan 17, 2019 | Judge Brian L. McCabe | Merced County, CA
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 Complaint – I. Ro...
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MARIA NIETO ARIAS VS. YESSENIA RAMIREZ
Jan 17, 2019 | Judge Brian L. McCabe | Merced County, CA
Request for Civil Harassment Restraining Orders Appearance required.
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DANIEL GAMBOA VS. KIRSTIE DAVIDSON
Jan 16, 2019 | Judge Brian L. McCabe | Merced County, CA
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 acco...
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Recent Rulings by Hon. Brian L. McCabe
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DR. ABNER WARD VS. KEVIN ANDREWS, ET AL.
Jan 24, 2019 | Judge Brian L. McCabe | Merced County, CA
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 a cau...
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RACHELLE RUBIO VS. RICH BOYS TOYS, INC., ET AL.
Jan 24, 2019 | Judge Brian L. McCabe | Merced County, CA
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 by de...
-
LATOYA MARSHALL VS. LETICIA BANKHEAD
Jan 24, 2019 | Judge Brian L. McCabe | Merced County, CA
Request for Civil Harassment Restraining Orders Appearance required.
... -
ANGELA ABRIL-GUTHMILLER VS. CRISTAL MAGANA/SORIANO/BENAVIDEZ, CASTILLO
Jan 24, 2019 | Judge Brian L. McCabe | Merced County, CA
Request for Civil Harassment Restraining Orders Appearance required.
... -
ROBERT FASSETT VS. DAVID TELLING, ET AL.
Jan 24, 2019 | Judge Brian L. McCabe | Merced County, CA
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...
-
Jan 18, 2019 | Judge Brian L. McCabe | Merced County, CA
Request for Elder or Dependent Adult Abuse Restraining Orders Appearance required.
... -
Jan 17, 2019 | Judge Brian L. McCabe | Merced County, CA
Petition for Name Change Appearance required.
... -
JAIME VEGA, ET AL. VS. MICHAEL TURNER, ET AL.
Jan 17, 2019 | Judge Brian L. McCabe | Merced County, CA
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 Complaint – I. Ro...
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MARIA NIETO ARIAS VS. YESSENIA RAMIREZ
Jan 17, 2019 | Judge Brian L. McCabe | Merced County, CA
Request for Civil Harassment Restraining Orders Appearance required.
... -
DANIEL GAMBOA VS. KIRSTIE DAVIDSON
Jan 16, 2019 | Judge Brian L. McCabe | Merced County, CA
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 acco...