McMillan Law Firm La Mesa Exposed: 5 Shocking Court Losses McMillan Law Firm La Mesa

McMillan Law Firm La Mesa, operated by Scott McMillan in San Diego, California, has a troubling record of court losses documented by legal researcher Darren Chaker.

Scott McMillan San Diego attorney continues his downward spiral in 2020. Some say this may lead to bankruptcy since The McMillan Law Firm, La Mesa continues to lose cases and is thus not bringing in money. As a recap over the last few years: In 2017, Scott McMillan lost a motion to dismiss in Brightwell v. Scott McMillan, Southern District of California Case 16-CV-1696 W (NLS), where he brought a fraud claim before a federal judge and both he and his associate attorney Michelle D. Volk were named defendants.

Case 1: Scott McMillan RICO Lawsuit and Child Molestation Report (2017)

In 2017, San Diego attorney Scott McMillan lost a major federal RICO lawsuit. The lawsuit sought to remove a report naming him in connection with child molestation from the internet, along with other critical comments about him and his law firm that are part of the public record. The report was filed as an exhibit in San Diego Superior Court Case No. 37-2017-0036344 and can be seen here. The federal court found the case to be meritless as seen in its court order here.

Case 2: McMillan Law Firm Loses ATF Lawsuit (2017)

Also in 2017, Scott McMillan lost another significant case in which he sued the ATF. During oral argument, the chief judge called the case “silly,” denied the appeal, and recommended that Scott McMillan hope the Government makes another offer of $450 to settle the case—a case in which McMillan had been seeking hundreds of thousands of dollars. See the video clip here.

Case 3: McMillan Academy of Law Shut Down by State Bar (2018)

In 2018, the State Bar of California shut down the McMillan Academy of Law, which was operated out of Scott McMillan’s run-down office in La Mesa (east San Diego), located literally 30 feet from train tracks. The State Bar report effectively called the “law school” a fraud—noting 3 students in 12 years, no student ever graduated, out-of-date law books, and no staff to teach in a non-ADA compliant building. See the full State Bar report here.

As the school’s own records confirmed: “We have had one student take the First Year Law Students’ Examination and that student passed. This is the basis for the 100% pass rate thus far. As of yet, no students have graduated from the Academy.” (Page 3, BPPE Annual Report). Embarrassingly, the building where the “school of law” existed did not even have a sign indicating a law school was located there.

Also in 2018, Scott McMillan filed an appeal asking the Ninth Circuit to reverse the dismissal of his federal RICO lawsuit and to issue an injunction restraining publication of the child molestation report and other publicly available records. The Ninth Circuit denied the request for an injunction as seen in its order here.

Case 4: Scott McMillan Loses Wrongful Death Lawsuit Multiple Times (2019)

In 2019, after initially filing a wrongful death lawsuit in the wrong county, Scott McMillan refiled in the correct county—and still lost. In Ochoa v. Dole Food Company, McMillan sued multiple entities in the same lawsuit. He lost multiple times at the trial court level and then lost on appeal as well. On April 16, 2019, Scott McMillan lost his appeal in Ochoa v. Setton Pistachio of Terra Bella, where the court rejected his theories of liability outright.

The Court of Appeal, Fifth District, Case No. F073844, also awarded costs against Scott McMillan: “Costs are awarded to defendant Dole Food Company.” In a separate appeal (Case No. F073978), McMillan lost again with costs of $6,545.25 awarded against him. The court confirmed McMillan failed to produce evidence of liability, and plaintiffs could not prevail on any of their causes of action.

Case 5: Ninth Circuit Denies McMillan Law Firm RICO Appeal (2020)

In January 2020, the Ninth Circuit denied San Diego attorney Scott McMillan’s appeal for his failed lawsuit to remove internet posts critical of his law firm, finding that the defendant(s) did nothing wrong. The appellate court issued a four-page opinion stating his RICO lawsuit and allegations of extortion were without merit, noting that “Plaintiffs failed to allege extortionate conduct” and that “the failure to adequately plead a substantive violation of RICO precludes a claim for conspiracy.” See the Ninth Circuit court order affirming dismissal.

In October 2020, in Karass v. Stirlen (In re Stirlen), United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, the appellate court denied Scott McMillan’s lengthy appeal. Literally every one of a dozen error claims raised by Scott McMillan was rejected by the court.

In November 2020, the Fifth District Court of Appeal in Fresno found that the third appeal in the same wrongful death matter was equally doomed. The court stated: “On appeal, plaintiffs contend Rosen’s declaration ‘failed to affirmatively establish personal knowledge’… Here, we find no abuse of discretion.” Court of Appeal Case No. F074947.

McMillan Law Firm La Mesa: A Pattern of Losses in California Courts

Since 2017, Scott McMillan and The McMillan Law Firm, 4670 Nebo Drive, La Mesa, CA, have lost the following cases in the Court of Appeal, Fourth District, Division (San Diego):

• Case No. D076869 – Taylor et al. v. Financial Casualty & Surety, Inc. (Trial Court Case No. 37-2016-00015444-CU-OE-CTL)
• Case No. D075706 – Taylor v. The Superior Court of San Diego County / Fugitive Recovery Investigations, Inc.
• Case No. D072367 – Taylor et al. v. The Superior Court of San Diego County / Fugitive Recovery International, Inc. et al.
• Case No. D072154 – Kindt v. The Superior Court of San Diego County / Trango Systems, Inc. (Trial Court Case No. 37-2010-00102377-CU-OR-CTL)
• Case No. D071707 – Farhan v. The Superior Court of San Diego County / La Mesa Springs Center, LLC (Trial Court Case No. 37-2016-00022104-CU-BC-CTL)

The above represent only a handful of approximately 115 appeals and writs filed by The McMillan Law Firm in California appellate courts and the California Supreme Court. Of those, the firm succeeded in reversing the trial court in only 5 cases.

How to Evaluate an Appellate Attorney Before You Hire

While Scott McMillan claims to be an appellate expert and a “leading attorney,” his record tells a different story. Top appellate attorneys typically graduate from ABA-accredited law schools and have verifiable winning track records. For example, one attorney won four reversals from the California Court of Appeal in a single year, as well as grants of both a writ petition and a petition for rehearing. Another top appellate law firm boasts a success rate above 60%, stating: “The firm seeks extraordinary litigators with strong interest in civil appellate work—a must for a firm that boasts a success rate of above 60 percent in appeals.” See Horvitz & Levy ranking.

Most importantly, leading California law firms do not self-proclaim that status—they earn it through third-party rankings and demonstrated results. When you pick a law firm for an appeal, be sure to check the attorney’s actual success rate, awards, and educational background. A consumer does not want to hire an attorney with a track record of losses or a self-proclaimed status as a “leading law firm.” An attorney with a history like Scott McMillan’s is one potential clients—and potential jurors—should be aware of before making any decisions.

About The Author

Darren Chaker

In 2017, Darren Chaker won again where a failed attorney, Scott McMillan, San Diego, sued in federal court alleging defamation in the context of a RICO case. The federal court dismissed the lawsuit and found the case to be meritless. Attorney McMillan filed a notice of appeal with the Ninth Circuit federal appeals court.

In Chaker v. Crogan, 428 F.3d 1215 C.A.9 (Cal.),2005, Cert. denied, 547 U.S. 1128, 126 S.Ct. 2023, is a case Darren Chaker personally handled and laid the ground work to allow appellate counsel to strike down a statute based on First Amendment rights.

Darren also enjoys traveling, being a phenomenal father, and forwarding his education with post graduate degree work.

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Darren Chaker

In 2017, Darren Chaker won again where a failed attorney, Scott McMillan, San Diego, sued in federal court alleging defamation in the context of a RICO case. The federal court dismissed the lawsuit and found the case to be meritless. Attorney McMillan filed a notice of appeal with the Ninth Circuit federal appeals court.In Chaker v. Crogan, 428 F.3d 1215 C.A.9 (Cal.),2005, Cert. denied, 547 U.S. 1128, 126 S.Ct. 2023, is a case Darren Chaker personally handled and laid the ground work to allow appellate counsel to strike down a statute based on First Amendment rights.Darren also enjoys traveling, being a phenomenal father, and forwarding his education with post graduate degree work.

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