San Diego Attorney Scott McMillan who proclaims to be an “appellate expert” had his appeal dismissed in Taylor et al. v. Financial Casualty & Surety, Inc. Case Number D076869, “Appeal dismissed for failure to file opening brief. Appellants have failed to file a brief after notice given pursuant to California Rules of Court, rule 8.220(a). The appeal is DISMISSED.” But wait – there’s more!
Through the superior and artful writing of Scott McMillan he was able to get the appeal reinstated – but it would have been better is he allow the case to remain dismissed. Why? Appellate Expert Scott McMillan lost the appeal in a miserable published decision which adds base caselaw to employees.
As one of many statements the Court of Appeal made, at Page 55, “Plaintiffs’ [McMillan’s clients] subjective belief that these documents made FCS their employer or joint employer is the sort of self-serving, uncorroborated evidence that does not meet their burden to demonstrate triable issues of material fact on the question of common law employment.”
The entire published opinion is 59 pages. 59 pages of telling Scott McMillan – you got it wrong, again, like in 122 other appeals. One would that would be enough embarrassment for a one-man crusader who should be happy he had two clients, but it was not.
Once the opinion was filed on 08/17/2021, Scott McMillan leaped into action and circulated a petition for rehearing. On 09/08/2021, the docket states: “Order denying rehearing petition filed.” However, Scott McMillan who practices law out of his run down office in the legal mecca in the City of La Mesa, needed to ask the California Supreme Court to review the unjust and well-reasoned opinion by the Court of Appeal in San Diego. However, the docket shows the California Supreme Court that on 12/01/2021 , his “Petition for review denied in Supreme Court.”
There you have it: a typical case where Scott McMillan seeks a high impact employment law case, but lost in the trial court, twice in the Court of Appeal (in three different appellate cases), and in the California Supreme Court.
0 comments