McMillan lawyers

Welcome to The McMillan Law Firm, APC

The McMillan Law Firm has one goal. 

Our goal is to provide outstanding results for our clients through the relentless advocacy of their rights.  We represent clients in a variety of cases, including Business Litigation, Employment Law, Boundary Disputes, and Real Estate Law.

The cases that we have undertaken have ranged in complexity from basic employment law disputes involving the failure to pay minimum wage and overtime, business litigation cases involving convoluted issues of fraud and contract breach, and highly technical litigation involving antitrust claims.  However, unlike many of those in the legal profession that offer to represent clients in such disputes, our attorneys have actually tried each of these types of cases before a jury!


Rather than sell our legal services to anyone who is willing to pay, we have taken the high road and carefully choose who we deal with. As a result, we will only represent honest and responsible clients. After we have agreed to undertake representation, we initiate our unique litigation strategy, which is applied at the outset of a case.



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Physician Edward M. Zimmerman stated the following after the Firm's successful representation of him in his case:

“...Your representation of me and my Nevada Corporation against this exasperating, frivolous law suit has finally concluded in an irrevocable motion for summary judgment in which you prevailed and we were awarded total dismissal of the case despite the plaintiff’s treacherous changing of accusations, facts and representation over the course of the events…”



October 04, 2012 - Darren Chaker, a vexatious litigant with a criminal history, failed in his appeal of the dismissal of his SLAPP suit against the Firm's client Wendy Mateo.

May 25, 2012 - Congratulations to Firm Client Anice Plikaytis on her Jury Verdict!

August 05, 2011 - A McMillan Law Firm client successfully completed a 19 day jury trial, and received a verdict significantly below his statutory offer to compromise!

July 22, 2011 - Superior Court Judge dismisses three of six counts against client Kathleen Sterling as they violate her rights to Free Speech.

April 04, 2011 - Client Kathleen Sterling defeats efforts to keep her from her post at Tri City Healthcare District

May 11, 2011 - The Firm congratulates client Richard Cervantes on his seven-figure jury verdict, which included punitive damages.

December 06, 2007 - Firm client Jesper Steensgaard obtains a verdict, with instructions for a punitive damage determination against Ron Courtois here.

November 01, 2007 - San Diego North County Jury finds liability and awards damages against Verizon Directories Sales-West Inc. See verdict!

July 02, 2007 - The McMillan Law Firm welcomes Adam Case

July 01, 2007 - Farewell and congratulations to Bryan Rho on his departure from the Firm and move in-house



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Petters Receiver Sues Ex-Dreier, Epstein Becker Partner Over Ponzi Fees
The receiver overseeing the wind-down of convicted Ponzi schemer Tom Petters' various business interests has filed a federal clawback suit against former Dreier LLP and Epstein Becker & Green partner Paul Traub over nearly $804,000 in fees he received for providing legal counsel to Petters between 2005 and 2008. The complaint claims Traub was paid "an astonishing $125,000 per month ($1.5 million annually)" to serve as a consultant to Petters, who considered Traub's influence and expertise essential and who allegedly rewarded him with money and gifts.
At Hearing, Holder Offers to Sit with House Republicans to Hash Out 'Fast and...
Attorney General Eric Holder Jr., who faces a contempt of Congress vote next week, told the Senate Judiciary Committee on Tuesday that he wants to sit down with congressional leaders to work out a deal on documents related to the botched Fast and Furious gun smuggling operation "to avoid a constitutional crisis."See related story: Odds Are Against Attorney General's Critics in Contempt-of-Congress Battle
Fugitive In-House Lawyer Funneled $9M Through Fake Firm
Giving new meaning to the phrase "alternative fee arrangements," a former in-house lawyer is on the lam after allegedly funneling more than $9 million in company funds to a fictitious law firm that he and his wife are accused of creating.
Spokeo agrees to pay $800,000 to settle FTC charges over social media data sales
Data broker Spokeo agreed Tuesday to pay $800,000 to settle Federal Trade Commission charges that it violated the Fair Credit Reporting Act when it sold employers profiles of prospective job applicants. The case is the FTC's first to address the sale of Internet and social media data in the employment screening context.
Bad News for Allergan--and First-To-File Plaintiffs--in Delaware Derivative R...
In a wide-ranging opinion that offers a stern critique of the current landscape of shareholder derivative litigation, a Delaware Court of Chancery judge has refused to dismiss a derivative suit over Allergan's marketing of Botox, even though a Los Angeles federal judge had thrown out parallel claims by separate plaintiffs in January.


California unfair competition law
California's unfair competition law (UCL) is codified at California Business and Professions Code section 17200 et seq. The UCL prohibits any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.
Park Ranger is denied personal injury claim under the Labor Code for injury that occurred off duty.
Workers' compensation exclusivity rule of Labor Code Sec. 3602 bars civil action by park ranger against state for injuries he sustained as a result of slipping and falling due to allegedly dangerous condition in residence provided by state as an employment benefit; under "bunkhouse rule," where an employee whose housing is provided by the employer is injured as a result of defective condition of such housing, the injury "arises out of" the employment even if it occurs on employee's day off.
Objection to Franchise Tax Board's claim for unpaid taxes is overruled.
Tax Liability Interest Accrues from Tax Due Date, and is entitled to priority status where the interest accrued 240 days pre-petition.
New decision on costs and effects of rejection of CCP 998 offer
Peterson v. John Crane discusses the different capacities that a plaintiff or defendant may participate as a party in a lawsuit.
Giovanni B. v. Superior Court (City of Chula Vista Police Department)
Decision affirming trial court refusal to allow discovery into police officers that had arrested a minor for suspicion of violating curfew laws.
Supreme court in Perez-Torres v. State of California rules against immunity for holding innocent prisoners.
The California Supreme Court ruled that there exists no immunity for torts committed by a state actor where he or she holds person arrested under a mistake in identity and does not release upon discovery of the mistake in identity.
Class certification decision overruled in part and affirmed in part as to truck driver's claim for unpaid overtime and meal breaks.
Writ proceeding in the Court of Appeals addressing a denial of a class certification claim where it was undisputed that truck drivers often worked more than eight hours per day. Court found as to legal issues involved where facts were undisputed, it was an abuse of discretion by the trial court to deny class certification.
Court overturns summary judgment in favor of lender in WRI Opportunity Loans II LLC v. Cooper
Court of appeals reversed a trial court's ruling granting summary judgment after the trial court found that a guaranty was enforceable. The court of appeals found that the subject loan did not meet the statutory requirements for a shared appreciation loan, and trial court erred in concluding the loan was exempt from the usury law on that basis where the terms guaranteed lender a usurious rate of interest. Rule against the enforcement of unlawful transactions precludes guarantor from waiving usury defense.
Benitez v. Wilbur, 2008 U.S. Dist. LEXIS 15018
US District Court
Murphy v. Burch - No easement by necessity for the owner of a landlocked parcel.
The court of appeals reversed the trial court's ruling in finding that the Plaintiff did not establish claim of "easement by necessity" against the defendant owner of neighboring property despite the plaintiff's lack of access to a public road, where plaintiff's predecessor in interest obtained the property by patent grant from the federal government. The patent grant from the federal government did not include any grant of an easement over the access road from that property to the nearest public road. The only access road ran across the neighboring property owned by defendants' predecessor in interest. At no time in the past had there been any express grant of an easement from the plaintiff?s property over the defendants' property to that state highway, nor had there been an acquisition of an easement by prescription in favor of the plaintiff's property, so that plaintiff's property became "landlocked" without any express or prescriptive easement across defendants' neighboring property to the state highway.
Amazing settlement offers.
After the jury holds Verizon Directory Sales West Inc. and its successor Idearc Directory Sales West Inc. liable for wrongfully failing to tender wages, and conversion of its former sales representative's wages, its attorneys suggest that Sean Ryan abandon his efforts. Verizon - Idearc walk away despite winning letter
Court of Appeals reverses trial court grant of order striking complaint in Freeman v. Schack
Fourth District Court of Appeal reverses a ruling granting an order to strike a complaint against an attorney for malpractice. The Court found that the anti-SLAPP statute was not triggered where the plaintiff?s cause of action was primarily based on the defendant?s undertaking to represent a party with interests adverse to the plaintiffs in violation of the duty of loyalty owed to plaintiffs through prior litigation.
Parlour Enterprises, Inc. v. The Kirin Group, Inc. - Farrell's franchisor obtains a reduction of damages on appeal.
Court of appeal reduces award of damages following an appeal on a jury verdict in favor of a franchisee and against a franchisor.