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.

“Twenty years from now you will be more disappointed by the things you didn’t do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover.” — Mark Twain

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:

• International Bar Association
• American Bar Association
• Los Angeles County Bar Association
• San Diego East County Chamber of Commerce
• Better Business Bureau

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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