The McMillan Law Firm has one goal.

Our goal is to provide outstanding results for our clients through the relentless advocacy of their rights. We represent clients in a variety of cases, including Business Litigation. Employment Law. Boundary Disputes. and Real Estate Law.

RESULTS

Physician Edward M. Zimmerman stated the following after the Firm’s successful representation of him in his case:

FIRM ANNOUNCEMENTS

October 04, 2012 — Darren Chaker, a vexatious litigant with a criminal history, failed in his appeal of the dismissal of his SLAPP suit against the Firm’s client Wendy Mateo.

May 25, 2012 — Congratulations to Firm Client Anice Plikaytis on her Jury Verdict!

August 05, 2011 — A McMillan Law Firm client successfully completed a 19 day jury trial, and received a verdict significantly below his statutory offer to compromise!

July 22, 2011 — Superior Court Judge dismisses three of six counts against client Kathleen Sterling as they violate her rights to Free Speech.

April 04, 2011 — Client Kathleen Sterling defeats efforts to keep her from her post at Tri City Healthcare District

May 11, 2011 — The Firm congratulates client Richard Cervantes on his seven-figure jury verdict, which included punitive damages.

December 06, 2007 — Firm client Jesper Steensgaard obtains a verdict, with instructions for a punitive damage determination against Ron Courtois here .

November 01, 2007 — San Diego North County Jury finds liability and awards damages against Verizon Directories Sales-West Inc. See verdict !

July 02, 2007 — The McMillan Law Firm welcomes Adam Case

July 01, 2007 — Farewell and congratulations to Bryan Rho on his departure from the Firm and move in-house

QUOTE OF THE DAY

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LEGAL NEWS

The receiver overseeing the wind-down of convicted Ponzi schemer Tom Petters’ various business interests has filed a federal clawback suit against former Dreier LLP and Epstein Becker & Green partner Paul Traub over nearly $804,000 in fees he received for providing legal counsel to Petters between 2005 and 2008. The complaint claims Traub was paid an astonishing $125,000 per month ($1.5 million annually) to serve as a consultant to Petters, who considered Traub’s influence and expertise essential and who allegedly rewarded him with money and gifts.

Attorney General Eric Holder Jr. who faces a contempt of Congress vote next week, told the Senate Judiciary Committee on Tuesday that he wants to sit down with congressional leaders to work out a deal on documents related to the botched Fast and Furious gun smuggling operation to avoid a constitutional crisis.See related story: Odds Are Against Attorney General’s Critics in Contempt-of-Congress Battle

Giving new meaning to the phrase alternative fee arrangements, a former in-house lawyer is on the lam after allegedly funneling more than $9 million in company funds to a fictitious law firm that he and his wife are accused of creating.

Data broker Spokeo agreed Tuesday to pay $800,000 to settle Federal Trade Commission charges that it violated the Fair Credit Reporting Act when it sold employers profiles of prospective job applicants. The case is the FTC’s first to address the sale of Internet and social media data in the employment screening context.

In a wide-ranging opinion that offers a stern critique of the current landscape of shareholder derivative litigation, a Delaware Court of Chancery judge has refused to dismiss a derivative suit over Allergan’s marketing of Botox, even though a Los Angeles federal judge had thrown out parallel claims by separate plaintiffs in January.

LATEST McMILLAN LAW BLOG ENTRIES

California’s unfair competition law (UCL) is codified at California Business and Professions Code section 17200 et seq. The UCL prohibits any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.

Workers’ compensation exclusivity rule of Labor Code Sec. 3602 bars civil action by park ranger against state for injuries he sustained as a result of slipping and falling due to allegedly dangerous condition in residence provided by state as an employment benefit; under bunkhouse rule, where an employee whose housing is provided by the employer is injured as a result of defective condition of such housing, the injury arises out of the employment even if it occurs on employee’s day off.

Tax Liability Interest Accrues from Tax Due Date, and is entitled to priority status where the interest accrued 240 days pre-petition.

Peterson v. John Crane discusses the different capacities that a plaintiff or defendant may participate as a party in a lawsuit.

Decision affirming trial court refusal to allow discovery into police officers that had arrested a minor for suspicion of violating curfew laws.

The California Supreme Court ruled that there exists no immunity for torts committed by a state actor where he or she holds person arrested under a mistake in identity and does not release upon discovery of the mistake in identity.

Writ proceeding in the Court of Appeals addressing a denial of a class certification claim where it was undisputed that truck drivers often worked more than eight hours per day. Court found as to legal issues involved where facts were undisputed, it was an abuse of discretion by the trial court to deny class certification.

Court of appeals reversed a trial court’s ruling granting summary judgment after the trial court found that a guaranty was enforceable. The court of appeals found that the subject loan did not meet the statutory requirements for a shared appreciation loan, and trial court erred in concluding the loan was exempt from the usury law on that basis where the terms guaranteed lender a usurious rate of interest. Rule against the enforcement of unlawful transactions precludes guarantor from waiving usury defense.

US District Court

The court of appeals reversed the trial court’s ruling in finding that the Plaintiff did not establish claim of easement by necessity against the defendant owner of neighboring property despite the plaintiff’s lack of access to a public road, where plaintiff’s predecessor in interest obtained the property by patent grant from the federal government. The patent grant from the federal government did not include any grant of an easement over the access road from that property to the nearest public road. The only access road ran across the neighboring property owned by defendants’ predecessor in interest. At no time in the past had there been any express grant of an easement from the plaintiff?s property over the defendants’ property to that state highway, nor had there been an acquisition of an easement by prescription in favor of the plaintiff’s property, so that plaintiff’s property became landlocked without any express or prescriptive easement across defendants’ neighboring property to the state highway.

After the jury holds Verizon Directory Sales West Inc. and its successor Idearc Directory Sales West Inc. liable for wrongfully failing to tender wages, and conversion of its former sales representative’s wages, its attorneys suggest that Sean Ryan abandon his efforts. Verizon — Idearc walk away despite winning letter

Fourth District Court of Appeal reverses a ruling granting an order to strike a complaint against an attorney for malpractice. The Court found that the anti-SLAPP statute was not triggered where the plaintiff?s cause of action was primarily based on the defendant?s undertaking to represent a party with interests adverse to the plaintiffs in violation of the duty of loyalty owed to plaintiffs through prior litigation.

Court of appeal reduces award of damages following an appeal on a jury verdict in favor of a franchisee and against a franchisor.