Scott A. McMillan

Scott A. McMillan: Attorney with The McMillan Law Firm, APC AV stamp icon
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)

Areas of Practice (21)

  • Employment Law
  • Real Estate
  • Business Litigation
  • Advertising Law
  • Contracts
  • Construction Law
  • Probate Litigation
  • Probate
  • 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
  • Complex Litigation
  • Premises Liability
  • Civil RICO

Education & Credentials

Contact Information:
619-434-0648  Phone
(619) 393-1751  Phone
(619) 464-1500  Phone
(619) 274-0884  Cell Phone
(619) 828-7399  Fax
www.lamesaattorney.us
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:
U.S. District Court, Southern District of California; U.S. Court of Appeals, Ninth Circuit; U.S. District Court, Central District of California; U.S. District Court, Middle District of Florida; U.S. District Court, Eastern District of California; 2001, California
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:
  • Free Initial Consultation

Peer Reviews

4.4/5.0 (40 reviews)
High ethical standing icon
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • 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

    Read more

    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 of post-judgment collection matters. Read less

    Read less

    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

    Read more

    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 complex litigation matters. As a fellow attorney, I have come to rely on and trust Scott's expert opinions. He is an exemplary member of bar, and a benefit to the local community. Read less

    Read less

    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.


*Peer Reviews provided before April 15, 2008 are not displayed.

Affiliations

NITA

La Mesa, California

Contact Scott A. McMillan

Required Fields

Required Fields


By clicking on the "Submit" button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Martindale and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.

You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.