Scott Anthony McMillan

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Scott Anthony McMillan: Attorney with The McMillan Law Firm, APC
Attorney Awards
  • Martindale-Hubbell Peer AV Preeminent Rating
  • Platinum Client Champion
About Attorney Awards

Biography

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.

Customhouse Broker, Department of the Treasury.

(Certified Appellate Specialist, Office of Legal Specialization, State Bar of California)
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Areas of Practice (17)

  • Employment Law
  • Real Estate
  • Business Litigation
  • Contracts
  • Construction Law
  • Probate Litigation
  • Restraining Orders
  • Unfair Competition
  • Civil Litigation
  • Federal Civil Litigation
  • Trial Practice
  • Insurance Coverage
  • Insurance Bad Faith
  • Civil Rights Section 1983
  • Creditors Rights in Bankruptcy
  • Libel, Slander and Defamation
  • Real Estate Title Insurance

Education & Credentials

University Attended:
University of California at San Diego, B.A., Mathematics, 1988
Law School Attended:
Western Sierra School of Law, J.D., 1999
Year of First Admission:
2001
Admission:
2001, California; U.S. District Court, Central District of California; U.S. District Court, Southern District of California; U.S. District Court, Eastern District of California; U.S. District Court, Middle District of Florida; U.S. Court of Appeals, Ninth Circuit
Memberships:
San Diego County Bar Association, Los Angeles County, American and International Bar Associations; San Diego East County Chamber of Commerce; Better Business Bureau.
Military:
Private, U.S. Army, Honorably Discharged, 1983.
Languages:
Spanish
Birth Information:
Los Angeles, California, December 8, 1963
Reported Cases:
• Mendoza - Caballero, et al. v. Lee, et al., California Superior Court for the County of San Diego, UC301839, February through March 2003 (Jury trial)
• Mancinelli v. Rustie's Unique Designs, Inc., California Superior Court for the County of San Diego, (Jury and Court trial) April 16, 2004 - April 29, 2004
• 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, Divison One, Lexis Cite: 2005 Cal. App. LEXIS 267, February 22, 2005;
• Kanj v. Viejas Band of Kumeyaay Indians, ARB No. 06-074, ALJ No. 2006-WPC-1, August 18, 2008 to August 21, 2008
• Courtois v. Steensgaard, California Superior Court for the County of San Diego, (Jury and Court trial); November 2, 2007 - October 3, 2008
• Ryan v. Verizon Directories Sales West, Inc., California Superior Court for the County of San Diego, (Jury and Court trial); October 9, 2007 - October 31, 2007
• Rocha v. Vu, California Superior Court for the County of San Diego, GIC 869645, August 5. 2008 to August 29, 2008 (Jury trial)
• Morton v. Spotts, California Superior Court for the County of San Diego, 37-2008-00099933 -CU-OR-EC, June 28, 2010 to August 17, 2010 (Jury trial);
• Tri-City Healthcare District v. Sterling, California Superior Court, County of San Diego, April 2011 (Court trial), March 25,2011 - March 29, 2011
• Cervantes v. Molina, California Superior Court, County of San Diego, (Jury and Court trial) April 22,2011 - August 18, 2011
• Menifee Lakes Master Association v. [Redacted], California Superior Court, County of Riverside, Case No. RIC 458659, (Jury and Court Trial), July 14, 2011 - August 26, 2011
• Debra Roth v. Talmadge East, California Superior Court for the County of San Diego, (Defense / Jury Trial); April 27, 2012 - May 25, 2012
• Johnson v. Copenbarger, California Superior Court for the County of Riverside, (Plaintiff / Jury Trial); September 13, 2013 to October 17, 2012
• DiGrigoli v. Bolton, California Superior Court for the County of San Diego, (Plaintiff / Court Trial); July 23 - 25, 2013
• Mancinelli v. Maubach, Circuit Court of Laclede County, Missouri, Case No. 09LA-C00032, January 21, 2014 to January 23, 2014 (Plaintiff / Court Trial)
• Plikaytis v. Roth, California Superior Court for the County of San Diego, March 2014 ; 37-2010-00083847-CU-BC-CTL, May 14, 2012 to May 25, 2012 (Plaintiff / Court Trial)
• Cox v. San Diego Air Service, California Superior Court for the County of San Diego, (Plaintiff / Jury Trial); April 24, 2015 - May 6, 2015
• Balaz v. First American Title Insurance Company, California Superior Court for the County of San Diego, October through November 2016 (Plaintiff / Jury Trial); October 17, 2016 - November 9, 2016
• Kindt v. Trango Systems, Inc., California Superior Court for the County of San Diego, December 2011 & Summer 2017 (Plaintiff / Jury Trial) - December 2, 2011 - December 20, 2011
• In re Roth and Roth Management Corporation, United States Bankruptcy Court Southern District of California, August 2011 (Chapter 11 / Court Trial) (10-07663-MM11) (10-07659 – MM11) Confirmation Trial - August 29, 2011 - August 31, 2011

Appeals:
• Tri-City Healthcare District v. Sterling, Court of Appeal of the State of California Fourth Appellate District, Division One, November 2012 & February 2013(Court of Appeal No. D060431 & D061265)
• Kindt v. Trango Systems, Inc, Court of the State of California, Fourth Appellate District, Division One, September 9, 2011 - Junes 22, 2012 (Court of Appeal No. D062404)
•Chaker v. Mateo, Court of Appeal of the State of California, Fourth Appellate District, Division One, Opinion Filed October 2012 (Court of Appeal No. D058753)

Certifications:
Certified Appellate Specialist, Office of Legal Specialization, State Bar of California
ISLN:
915769078
Hobbies & interests:
Aircraft, Agriculture, Firearms law,

Payment Information

Fixed Hourly Rates
$120 - $450/hr
Contingency Fee
15% - 50%
Other Information
Free initial consultation, Fixed fees available, Retainer Fee

Peer Reviews

4.5/5.0 (42 reviews)
Martindale-Hubbell® AV Preeminent Rating Badge

  • Legal Knowledge

    4.6/5.0

  • Analytical Capability

    4.5/5.0

  • Judgment

    4.3/5.0

  • Communication

    4.4/5.0

  • Legal Experience

    4.5/5.0

  • 5.0/5.0 Rated by a Associate on 02/13/17 in Civil Litigation

    Mr. Scott McMillan possess excellent analytical and reasoning skills. I confidently refer my clients to Mr. McMillan for assistance. Mr. McMillan excels at protecting clients interest in protracted complex civil litigation, especially in the area o... Read more

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    Lawyer response:

    Although we always hope for speedy resolution of a matter, some cases take longer than others. Preservation of the client's financial and emotional resources is key to success in protracted litigation. Thank you.

  • 5.0/5.0 Rated by a Sole Practitioner on 02/11/17 in Complex Litigation

    Scott is one of the most hardworking, tenacious and ethical lawyers I have had the pleasure of working with. He fights hard, but fair. Scott's wealth of knowledge and experience ensures that his clients receive the very best advice in a wide range of... Read more

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    Lawyer response:

    In life and law, a discipline of hard work and tenacity, coupled with honesty and candor, increases the probability of a favorable outcome. Fortune favors the bold, but it also favors those that prepare. I'm pleased that I'm able to help. Thank you.

  • 5.0/5.0 Rated by a Partner on 06/23/22 in Business Law

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  • 5.0/5.0 Rated by a Attorney on 02/11/22 in Civil Litigation

    Has excellent knowledge of the law and civil litigation.

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  • 5.0/5.0 Rated by a Attorney on 10/23/18 in Bankruptcy

    I have known Scott McMillan as an attorney for over a decade. He has shown the highest quality in terms of knowledge of the law, representation of his clients and advocacy on behalf of his clients.

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  • 5.0/5.0 Rated by a Attorney on 10/06/17 in Civil Litigation

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  • 5.0/5.0 Rated by a Managing Partner on 02/13/17 in Business Litigation

    Scott is unique in his practice as his legal knowledge is both a mile wide and a mile deep. This allows him to think laterally in his problem solving for clients and thread the needle on very nuanced areas of law.

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  • 5.0/5.0 Rated by a Partner on 02/12/17 in Civil Litigation

    Mr. McMillan is an exceptional attorney. He is creative, dedicated and constantly fighting for his client's rights. He holds high ethical standards without compromising relentless representation.

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  • 5.0/5.0 Rated by a Sole Practitioner on 02/10/17 in Trial Practice

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  • 5.0/5.0 Rated by a Sole Practitioner on 02/06/17 in Business Litigation

    Scott is an excellent practitioner, combining his knowledge with practical and pragmatic problem solving approaches. He is also very communicative with his clients and other attorneys.

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Peer reviews submitted prior to 2008 are not displayed.

Other Legal Directories

Avvo Client Review
4.9/5.0 (46 reviews)

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Lawyers Client Review
5.0/5.0 (11 reviews)
Platinum Client Champion

I consulted with Scott McMillan on possible litigation. I was very impressed with his knowledge, and the time he took to explain matters to me. He presented to me as a caring individual who tries to h...

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Affiliations

NITA

Location

Contact Scott Anthony McMillan

Contact Information:

858-466-4442  Phone

619-828-7399  Fax

www.mcmillanlaw.us/are/scott.htm

www.lamesaattorney.us

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