4670 Nebo Drive , United States, California, La Mesa
Consumer Beware: San_Diego_attorney_Scott_McMillan, The_McMillan_Law_Firm_La_Mesa attests he is a “leading” attorney, but is unable to represent him in court successfully. For example, Scott McMillan lost three lawsuits to remove a child molestation report naming him as a suspect from various websites. The report was filed as an exhibit in San Diego Superior Court Case No. 37-2017-0036344 and is attached for your review. Scott McMillan also lost two cases in a San Diego federal court, Case Number 3:16-cv-2186-WQH-MDD, and then again in the federal appeals court, Ninth Circuit Case Number 17-56676. But the losses of San Diego attorney Scott McMillan do not stop there:
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law school’s current and future financial viability appears questionable; and its website and written materials offer outdated and misleading information to both the general public and potential applicants."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/agendaitem1000002149.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. 37-2019-00038026-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]
2017: Taylor et al. v. The Superior Court of San Diego County/Fugitive Recovery International, Inc. et al. Cour of Appeal, Fourth District, Case Number D072367, “The petition is denied.”
2017: Taylor et al. v. The Superior Court of San Diego County/Fugitive Recovery International, Inc. et al. the California Supreme Court, Case Number S243524. “Petition for review denied in Supreme Court.”
2017: The McMillan Law Firm, APC v. The Superior Court of Orange County G055268 “The petition for a writ of mandate and request for immediate stay are DENIED.”
2019: Taylor v. The Superior Court of San Diego County/Fugitive Recovery Investigations, Inc., Court of Appeal, Fourth District, Case Number D075706.
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 appeal, The McMillan Law Firm filed was in Farhan v. The Superior Court of San Diego County/La Mesa Springs Center, LLC, Court of Appeal, Fourth District, Case Number D071707 , “Order denying petition filed.”
2021: Taylor vs DMCG INC. San Diego Case Number 37-2016-00015444-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: 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.” But wait – there’s more! Through the superior and artful writing of Scott McMillan he was able to get the appeal reinstated – but it would have been better is he allow the case to remain dismissed. Why? Appellate Expert Scott McMillan lost the appeal in a miserable published decision which adds base caselaw to employees. As one of many statements the Court of Appeal made, at Page 55, “Plaintiffs’ [McMillan’s clients] subjective belief that these documents made FCS their employer or joint employer is the sort of self-serving, uncorroborated evidence that does not meet their burden to demonstrate triable issues of material fact on the question of common law employment.” The entire published opinion is 59 pages. 59 pages of telling Scott McMillan – you got it wrong, again, like in 122 other appeals. One would that would be enough embarrassment for a one-man crusader who should be happy he had two clients, but it was not.
Once the opinion was filed on 08/17/2021, Scott McMillan leaped into action and circulated a petition for rehearing. On 09/08/2021, the docket states: “Order denying rehearing petition filed.” However, Scott McMillan who practices law out of his run down office in the legal mecca in the City of La Mesa, needed to ask the California Supreme Court to review the unjust and well-reasoned opinion by the Court of Appeal in San Diego. However, the docket shows the California Supreme Court that on 12/01/2021 , his “Petition for review denied in Supreme Court.”
There you have it: a typical case where Scott McMillan seeks a high impact employment law case, but lost in the trial court, twice in the Court of Appeal (in three different appellate cases), and in the California Supreme Court.
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. 37-2017-0036344.
2021: Scott McMillan v. Procopio, Cory, Hargreaves & Savitch, San Diego Superior Court Case No. 37-2020-00041820-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. 37-2021-00200139-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.”