Miller Barondess partner Dan Miller has been recognized as a “Visionary” in the May 2024 edition of Commercial Real Estate magazine, published by L.A. Times B2B Publishing. Recognized by Best Lawyers in America® for Litigation–Real Estate and Commercial Litigation and renowned as a top litigator in Los Angeles, Dan has secured numerous victories in complex real estate disputes.
Dan’s record of success includes representing land developers, homebuilders, lenders, real estate private equity firms, and investment firms. In a case for a land developer client, Dan obtained a complete dismissal on summary judgment of a $4 million finder’s fee claim in connection with the purchase of a $200 million ocean-front mixed-use development project.
Dan represented the Runyon Group, a successful real estate developer, in a litigation matter related to a large commercial property Runyon signed a contract to purchase. After execution of the purchase contract, the pandemic hit. Dan litigated the issue of material adverse change per the clause in the parties’ contract. The case was significant in that it involved the issue of whether the pandemic and related laws and shutdown constituted a material adverse change under the parties’ contract. The case was settled at mediation, and the settlement is confidential.
Dan represented a real estate developer who was unable to sell the requisite number of condominium units resulting in a default under the loan agreement. Facing an imminent foreclosure sale, Dan obtained a preliminary injunction preventing the lender from foreclosing on a large condominium project based on impossibility of performance due to the economic crisis. This victory was reported in the media as relevant to claims of impossibility of performance and frustration of purpose that emanated from the pandemic.
Dan represented the majority owner of four valuable commercial properties worth $100+ million against the minority owner, who stole $8 million from the partnership over four years. Issues included the alleged wrongful taking of company funds, management and control of the properties, and the validity of the buy-sell provision in contracts, among other issues. The case settled on favorable terms. Dan’s client achieved all their litigation objectives, including full management and control of the companies, eliminating an unfavorable buy-sell right in the prior contracts, and a monetary payment.
Dan also represented the Horn Trust, majority owner of four valuable commercial properties worth $100+ million, against the minority owner. Issues included alleged wrongful taking of company funds, management and control of the properties, and validity of the buy-sell provision in contracts, among other issues. The case raised cutting-edge legal issues related to the reach of civil claims based on California Penal Code §496(c), which allows for treble damages for receipt of stolen property. This complex case involved two different actions: counterclaims by the minority stockholder and an appeal from an anti-SLAPP order. The Los Angeles County Superior Court trial date was vacated on the eve of trial when the pandemic hit. The case settled on favorable terms. Dan’s client achieved all their litigation objectives, including full management and control of the companies, elimination of an unfavorable buy-sell right in the prior contracts, and a monetary payment.