On Friday, September 15, 2023, the Supreme Court of California disbarred attorney Michael Ralph McCabe for failure to respond to disciplinary charges.
The case is entitled “In the Matter of Michael Ralph McCabe,” with case no. S280959.
According to the petition for disbarment filed by the State Bar of California, the notice was served on September 26, 2022, and McCabe failed to file an answer within 20 days, resulting in the entry of default. The State Bar’s request for a default judgment included a warning that if Gant failed to respond, he would face the possibility of being disbarred without the opportunity for a hearing or further legal proceedings.
Despite the court’s order entering McCabe’s default, he did not file a motion to set aside or vacate the default. The State Bar completed the record required for a petition for disbarment after default, supported by the declaration of Duncan Carling, which addressed the factors set forth in Rule 5.85, Rules of Procedure. The petition requested the court to recommend disbarment.
The State Bar’s petition for disbarment was based on McCabe’s failure to file a timely response to the Notice of Disciplinary Charges and his failure to have the default set aside or vacated within the time period prescribed. The petition was supported by the declaration of Duncan Carling, which addressed the factors set forth in Rule 5.85, Rules of Procedure.
The declaration established that the trial counsel made multiple attempts to contact McCabe at all telephone numbers and email addresses that the trial counsel was able to identify for McCabe. However, McCabe did not contact OCTC, and the State Bar’s motion for entry of default was returned by the U.S. Post Office to the State Bar with the notation “F.O.E.” written on the envelope.
The Supreme Court of California carefully reviewed the petition for disbarment filed against McCabe, and after considering all relevant information, approved the petition and ordered McCabe’s disbarment.
The Disposition states:
“The court orders that Michael Ralph McCabe (Respondent), State Bar Number 120644, is disbarred from the practice of law in California and that Respondent’s name is stricken from the roll of attorneys.”
According to avvo.com, Mr. McCabe was a litigation attorney in Redding, California. He is the founder of The Mccabe Law Office. He attended the California Western School of Law. He acquired his law license in California in 1985.
A copy of the original filing can be found here.