| Address: | 4670 Nebo Drive, La Mesa, CA 91941 |
| Website: | www.scottmcmillan.us |
Scott McMillan attorney La Mesa, The McMillan Law firm in San Diego has a history of making representations he is a top San Diego attorney, but is not.
Scott McMillan is characterized as a vexatious litigant. In McMillan v. Weathersby (9th Cir. 2002) 31 F.App'x 371, 374. [Appeal from the United States District Court for the Southern District of California. D.C. No. 95-CV-3934TW(LAB). Thomas J. Whelan, District Judge, Presiding.] the court said, “None of the three main episodes that McMillan offers supports granting a mistrial. McMillan first asserts that defense counsel violated the court's in limine ruling barring reference to McMillan as a "vexatious litigant" by referring to McMillan's other lawsuits in his opening statement.”
The State Bar of California shut down the law school Scott McMillan Law Firm in La Mesa, known as the McMillan Academy of Law for what appears as fraud, it looks like San Diego Attorney Scott McMillan continues to represent himself as a “leading” trial attorney but his history does not reflect that, a few instances include:
2016: Casino v. Anders, No. D067343, 2016 WL 3227158, at *5 (Cal. Ct. App. June 3, 2016) La Mesa Attorney Scott McMillan sought a total of $144, 616.25 in fees and $2, 692.50 in costs. The court found the quality of work substandard and agreed with the trial court to only award $44, 697. Major Loss for the client of the Scott McMillan Law Firm of $100, 000 plus loss on appeal diminishes the gain since it took five times the effort to handle the lengthy appeal, but was not paid a dollar for it.
2018: State Bar of California shuts down McMillan Academy of Law, State Bar of California stated “the law school’s current and future financial viability appears questionable; and its website and written materials offer outdated and misleading information to both the general public and potential applicants." http://apps.calbar.ca.gov/cbe/docs/agendaItem/Public/agendaitem[protected].pdf
2019: Scott McMillan San Diego attorney was sued yet again for FRAUD in De La Flor v. Scott McMillan San Diego Superior Court Case No.[protected]CU-FR-CTL [Scott McMillan sued for Fraud]
2019 Ochoa et al. v. Setton Pistachio of Terra Bella, Inc. et al. District Court of Appeals, Fifth District, Case No. F073978, Scott McMillan lost wrongful death lawsuit after filing it in the wrong county and even after filing it in the correct county, lost in the trial court and on appeal. La Mesa Attorney Scott McMillan who represented the Plaintiff and claims to be an appellate expert had the law WRONG! The Court of Appeal said in part,
"Plaintiffs did not produce any evidence Terra Bella Agland sold or otherwise placed in the commercial stream the east-west wet auger or other wet augers. (Cf. Green, supra, at pp. 824, 828 [defendant sold defective crane].) Without such evidence, plaintiffs cannot prevail on their causes of action for strict products liability…"
"On appeal, for the first time, plaintiffs invoke the single-enterprise rule to impose liability on Terra Bella Agland. This they [McMillan] cannot do."
2016: Brightwell v. The McMillan Law Firm, Scott McMillan, Michelle Volk, Southern District of California Case 16-CV-1696 W (NLS) [Scott McMillan in federal court for FRAUD]
2020: The McMillan Law Firm, APC v. The Superior Court of Orange County, Court of Appeal, Case Number G055268. “The petition for a writ of mandate and request for immediate stay are DENIED.”
2020: In another failed case The McMillan Law Firm filed was in Farhan v. The Superior Court of San Diego County/La Mesa Springs Center, LLC, Court of Appeal Case Number D071707
“Order denying petition filed.”
2020: San Diego Attorney Scott McMillan who proclaims to be an “appellate expert” had his appeal dismissed in Taylor et al. v. Financial Casualty & Surety, Inc. Case Number D076869, “Appeal dismissed for failure to file opening brief. Appellants have failed to file a brief after notice given pursuant to California Rules of Court, rule 8.220(a). The appeal is DISMISSED.”
2021: Taylor vs DMCG INC. San Diego Case Number[protected]CU-OE-CTL the court granted the defense motion to dismiss the case La Mesa Attorney Scott McMillan filed. The court ruled: “Defendant Financial Casualty & Surety, Inc.'s Motion for Summary Judgment or Summary Adjudication is GRANTED.”
2021: La Mesa attorney Scott McMillan lost his lawsuit seeking to remove a report about his involvement with child molestation with a childhood friend and client, Kenneth Bourke who was arrested for child molestation. The report was filed as an exhibit in San Diego Superior Court Case No.[protected].
2021: Scott McMillan v. Procopio, Cory, Hargreaves & Savitch, San Diego Superior Court Case No.[protected]CL-NP-CTL, is a case where the law La Mesa Attorney Scott McMillan sued a law firm for conduct which the law makes clear you cannot be sued for. The trial court dismissed the case. Of course, since Scott McMillan is the smartest person in the room, he appealed. See below what happens next in 2022.
2021: Ochoa et al. v. T.M. Duche Nut Co., Inc. Court of Appeal, Fifth Appellate District, Case Number F074947, San Diego Attorney Scott McMillan lost a wrongful death lawsuit after first filing it in the WRONG county! The appeals court agreed with the trial court in dismissing the case: “The judgment of the superior court entered on an order granting summary judgment is affirmed. Costs on appeal are awarded to defendant T.M. Duche Nut Co., Inc.”
2021: Ochoa et al. v. Setton Pistachio of Terra Bella, Inc. et al. Court of Appeal, Fifth Appellate District, Case Number F073978, is a different defendant in the same wrongful death case La Mesa attorney Scott McMillan, the court slammed Scott McMillan’s theories while agreeing with the trial court when it dismissed the case: “The judgment of the superior court entered on an order granting summary judgment is affirmed. Costs on appeal are awarded to defendants Setton Pistachio of Terra Bella, Inc., and Terra Bella Agland, LLC.”
2022: Scott McMillan v. Procopio, Cory, Hargreaves & Savitch, San Diego Superior Court, Appellate Division, Case No.[protected]CL-NP-CTL, the court rejected all of his arguments as did the trial court, and affirmed the dismissal of his lawsuit.
2022: Jarecki et al. v. Zitter et al. Case Number D078314, first blunder of Scott McMillan Law Firm La Mesa is noted in the docket on02/04/2021 “Received default notice 8.121(a) designation not filed.”
2022: The McMillan law firm represented his client in Taylor v. S.C. (FUGITIVE RECOVERY INTERNATIONAL) and after losing on appeal, appellate expert Scott McMcMillan insisted he was right so filed with the California Supreme Court Case Number S243524, but lost their too: “Petition for review denied”
2023: Jarecki et al. v. Zitter et al. Court of Appeal, Court of Appeal, Fourth District, Case Number D078314, La Mesa Attorney Scott McMillan lost over $100, 000 dollars in punitive damages for his client. The trial court had “found the $100, 000 amount was excessive, determined $32, 000 was appropriate…” But on appeal, the court found no reason for any punitive damages existed: These contentions are not persuasive…. We conclude there is no substantial evidence for punitive damages, and we will modify the judgment to strike them.”
I urge everyone reading this to verify the qualifications of an attorney who claims to be an expert or a “leading” attorney as Scott McMillan, The McMillan Law Firm, in La Mesa, California does.
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