PROFILES

Scott A. McMillan

Scott A. McMillan


Lawyer

Tel: (619) 464-1500, ext. 14 (Hablo Español)
Fax: (206) 600-5095


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The group will not prosper if the leader grabs the lion's share of the credit for the good work that has been done.

      — Lao Tzu

Education

Bachelor of Arts, Mathematics, University of California, at San Diego, 1988
Juris Doctor, Western Sierra School of Law, 1999

Licenses

Department of the Treasury, Customhouse Broker 12579
Member of the California Bar, License No. 212506

Courts Admitted to Practice

All Courts in California
United States District Court for the Central District of California
United States District Court for the Southern District of California
United States District Court for the Eastern District of California
United States District Court for the Middle District of Florida (pro hac vice)
United States Court of Appeals for the Ninth Circuit

Memberships

Member of the California Bar, License No. 212506
International Bar Association
American Bar Association
Los Angeles County Bar Association
San Diego East County Chamber of Commerce
Better Business Bureau

Narrative Statement of Qualifications

Scott McMillan has been a licensed California attorney since February of 2001. He was raised in San Diego, California. He became an attorney after recognizing the limited availability of attorneys who provide litigation services to small businesses and individuals.

Prior to becoming an attorney Scott McMillan operated a computer distribution business which he founded at the age of nineteen. While operating the computer business, Scott McMillan attended the University of California at San Diego, and obtained a B.A. in Mathematics. Scott McMillan was later joined in the business by his father James I. McMillan, and brother Shawn McMillan. Together, they operated the computer business for sixteen years. At the height of that company’s success, the distribution business employed 29 employees and had a gross revenue of $9,000,000 per year. While operating the distribution business, Scott McMillan attended law school at night. After graduating he took and passed the California bar exam on his first attempt.

Scott McMillan has litigated fifteen civil jury trials in California and United States District Courts, the shortest being three days and the lengthiest being seven weeks. The trials involved a variety of different matters including business disputes involving oral contracts, contracts for employment, leases on real property, violations of California’s wage and hour law, competitor claims of antitrust and false advertising violations, and individuals’ claims of police misconduct. Most recently, Scott McMillan obtained a $962,000 verdict after an eight day jury trial, which included an award of punitive damages.

Scott McMillan is familiar with appellate practice, and entitled to practice in all California Court of Appeal as well as the United States Court of Appeals for the Ninth Circuit. He has successfully brought or responded to a number of appeals and petitions for extraordinary relief.

Scott McMillan has repeatedly demonstrated a willingness and ability to accept engagements involving complex litigation, with rapidly evolving facts, scheduled for expedited resolution.

Scott McMillan presently resides in El Cajon, California, with his wife Rebeca and three children.

Testimonials

Letter from Edward M. Zimmerman, M.D.  Click here for more (PDF)


Mr. Gerhardt states:

My legal affairs have been handled for years by Mr. McMillan. As a technical person and a business man I appreciate the ability of my attorney-at-law to correctly communicate and translate legal content so it becomes understandable to me. From the results I received I know, there were no misunderstandings in communications.  Scott McMillan’s legal services have been effective, timely and complete.  Just as I treat my business, Scott McMillan strictly acted on my behalf in an assertive, cost-conscience, expedient manner with honesty and integrity. I can strongly recommend Scott’s services to anyone who’s serious about their business. — K. Gerhardt, E-mail:



Following their 2003 jury trial victory Paul and Carol Svane had this to say about the Firm’s efforts:


“My wife and I would like to extend to you our heartfelt gratitude for being there for us . . . you were the only Attorney to believe in us and to see merit . . . in our case . . . Because of your legal knowledge, fortitude, and bull-doggedness, you won our case. . . You have always been there for my wife and me; the late nights, and the many weekends. . . . This may sound corny, but you were our last “Ditch Effort” and are our “Hero.” (Verdict for plaintiffs Paul and Carol Svane in breach of oral contract to conduct business as a partnership, breach of fiduciary duty case defended by Peter Dean, a winner of San Diego North County Trial Attorney of the Year award.)—Click here for more (PDF)



A valued client who wishes to remain anonymous describes his fateful decision at 3:00 a.m. that lead to his $962,000 verdict. Click here for more (PDF)



Notable Cases*

Notable cases tried include:

Morton v. Spotts, California Superior Court for the County of San Diego, Summer, 2010 (Jury trial)

Kanj v. Viejas Band of Kumeyaay Indians, Department of Labor, Administrative Law Judge, Summer, 2010 (Bench trial)

Rocha v. Vu, California Superior Court for the County of San Diego, Summer, 2009 (Jury trial)

Courtois v. Steensgaard, California Superior Court for the County of San Diego, December 2007 (Jury and Court trial)

Ryan v. Verizon Directories Sales West, Inc., California Superior Court for the County of San Diego, (Jury and Court trial) [Fall, 2007 & Winter 2008]

Mancinelli v. Rustie’s Unique Designs, Inc., California Superior Court for the County of San Diego, April through May, 2004 (Jury and Court trial)

Western Pet Wholesalers, Inc., et al. v. Natura Pet Products, Inc., et al., and related cross actions. California Superior Court for the County of San Diego, March through June 2003 (Jury and Court trial)

Mendoza - Caballero, et al. v. Lee, et al., California Superior Court for the County of San Diego, July 2003 (Jury trial)

Simmons v. City of San Diego, et al. California Superior Court for the County of San Diego, January, 2002 (Court trial)

Click here for more

Published Decisions

Richard Lytwyn, Plaintiff and Appellant, v. Fry’s Electronics, Inc., et al., Defendants and Respondents. Case No. D042401 COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, Lexis Cite: 2005 Cal. App. LEXIS 267, February 22, 2005, Order granting preliminary injunction reversed with directions.  Click here for more (PDF)

Firm client Steve Thomas’s anti-SLAPP motion against retail behemoth Fry’s Electronics, Inc., must be resolved on its merits according to the United States Court of Appeals for the 9th Circuit. Thomas v. Fry’s Electronics, Inc., 400 F.3d 1206, 1207 (9th Cir. 2005) Federal Reporter 3rd Edition 2005 Click here for more (PDF)

Kanj v. Viejas Band of Kumeyaay Indians, ARB No. 06-074, ALJ No. 2006-WPC-1 (ARB Apr. 27, 2007) Office of Administrative Law Judges, U.S. Department of Labor 2007
Kanj v. Viejas Band of Kumeyaay Indians, ARB No. 06-074, ALJ No. 2006-WPC-1 (ARB Apr. 27, 2007) Office of Administrative Law Judges, U.S. Department of Labor 2007

Kanj v. Viejas Band of Kumeyaay Indians, ARB No. 06-074, ALJ No. 2006-WPC-1 (ARB December 17, 2010) Office of Administrative Law Judges, U.S. Department of Labor 2010
Kanj v. Viejas Band of Kumeyaay Indians, ARB No. 09-065, ALJ No. 2006-WPC-1 (ARB Dec. 1, 2010) Office of Administrative Law Judges, U.S. Department of Labor 2010

Writing Samples

Opening brief in Lytwyn v. Fry’s Electronics, Inc. Click here for more (PDF)
Motion in limine in Apex Wholesale Inc. v. Fry’s Electronics, Inc.  Click here for more (PDF)

* It is Firm policy to avoid publication of settlements occurring prior to trial. Parties may settle for a number of reasons, including the strength or weakness of a case, or to avoid adverse publicity. To encourage our adversaries to counsel their clients to reach reasonable settlements with clients of the Firm, we will only announce settlements with public entities or settlements involving a large class of persons.

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