David M. Miller, Esq.

Profile

Bar Affiliations

  • California State Bar, 1992. United States District Courts: Northern District of California, 1992;
  • Central District of California, 1995. United States Court of Appeals for the Ninth Circuit, 1992.

Experience

  • MILLER | MEDIATION, Greater Bay Area, CA
    • Principal: Mediator, Special Master and Arbitrator of variety of civil litigation disputes in areas of construction law and defects, personal injury, employment, and real estate.
  • MORTON, LULOFS & WOOD LLP, Oakland and Pleasanton, CA
    • Of Counsel: Construction Law and Defect, insurance coverage; complex, multi-party litigation, comprehensive settlement evaluation and negotiation; trial preparation.
  • NEVIN GRUEN LLP, Walnut Creek, CA
    • Associate Attorney: Construction defect; insurance coverage; general liability commercial litigation; complex, multi-party litigation; writs and appeals; drafted pleadings and discovery; comprehensive settlement evaluation and negotiation; trial preparation.
  • O’FLAHERTY & BELGUM, Glendale, Long Beach, Anaheim, CA
    • Associate Attorney: Medical malpractice; employment litigation (wrongful termination; gender, race, age and disability (ADA) discrimination; sexual harassment; excessive force/false citizen’s arrest; responded to administrative (EEOC, DFEH) requests for information); RICO insurance fraud. Discovery, law and motion practice, and trial preparation and assistance.
  • POPPIN & SHIER, San Francisco, CA
    • Associate Attorney: Civil/bankruptcy litigation: prepared and evaluated discovery; research and drafted legal memoranda.

Education

  • UNIVERSITY OF THE PACIFIC, McGEORGE SCHOOL OF LAW, Sacramento, CA
    • Juris Doctor, May 1992
      • Emil Gumpert Trial Advocacy Award, 1991-92
      • National Moot Court Competition, 1990-91
      • Community Legal Services Clinic, 1990-91
  • UNIVERSITY OF CALIFORNIA, BERKELEY, Berkeley, CA
    • Bachelor of Arts, Political Science, December 1988

Continuing Education

  • Appellate Mediation Training, Dana Curtis Mediation (40 hours), May 2010
  • Certified Arbitrator, Council of BBB Auto Line Program (12 hours), April 2003
  • Mediation Training, Mediation Offices of Steven Rosenberg (40 hours), October 2002
  • Commercial Mediation Training, Professional Mediation Associates (40 hours), May 2001

Seminars Presented

  • Tackling Emotion in Mediation: Tips for Dealing with People in Conflict, Annual Meeting of the State Bar of California, October 2015
  • Get the Most Out of Mediation: Prepare for and Use Mediation Effectively, Annual Meeting of the State Bar of California, October 2015
  • Dealing with Changing Mindsets in Negotiation and ADR, Annual Meeting of the State Bar of California, September 2014
  • Dealing with Difficult Personalities at Mediation, Annual Meeting of the State Bar of California, September 2014
  • Getting to Resolution: A Trial Warrior’s Guide to ADR, Annual Meeting of the State Bar of California, October 2013

For a full list of Mr. Miller’s presented seminars, please visit his website at www.millermediation.com.

Published Articles

  • With Trial Court Funding in Trouble, You Better Have an ADR Plan for Every Case, Contra Costa Lawyer, August 2012
  • A Personal Perspective on Gender in Mediation: Keep Your Peripheral Vision Wide, Contra Costa Lawyer, November 2009 (also published in the California Daily Journal, January 29, 2010)

Panel Membership

  • Mediator, Court of Appeal, 1st and 3rd Districts
  • Mediator, Alameda County ADR Program
  • Mediator, Contra Costa County ADR Program
  • Mediator, San Mateo County ADR Program
  • Judge Pro Tempore, Contra Costa County Superior Courts

Professional Associations

  • California State Bar Alternative Dispute Resolution Committee, 2011 to present
    • Chair, 2015-2016
    • Vice Chair, 2014-2015 Education Subcommittee
    • Chair, 2011-2014
  • Contra Costa County Bar Association ADR Section (2005-present)
    • Founding Member of Board of Directors, 2005 to 2011
    • Chair, 2007 and 2010
    • Vice Chair 2008-2009
  • Contra Costa County Superior Court ADR Advisory Committee, 2010 to present
  • Contra Costa County Mediation Society, 2010 to present

Representative Cases

Construction

  • Moraga single-family-home case with construction defects and incomplete construction; negotiated payment of surety bond, and subsequent settlement with contractor.
  • Foundation modifications to single family home in Alameda County; settlement including further repair work by defendant.
  • Single family home construction defect case in Alameda County; defective stucco materials.
  • Custom Napa residence with construction defects related to defective stucco materials.
  • San Rafael commercial building with owner’s $1MM+ claims of defective and incomplete construction, and contractor’s claims for non-payment and scope changes.
  • Mill Valley commercial building with competing claims of $1MM+ defective/incomplete construction, both parties demanding money from the other; included managing high emotions due to prior long-term friendship of parties.
  • San Francisco Marina District residence case with $2MM in construction defect claims, and time pressures for resolution due prior to America’s Cup competition on San Francisco Bay.
  • Oakland restaurant remodel with competing claims of defective/incomplete construction and owner’s failure to pay.
  • Owner’s association claims for construction defects related to the association’s common access road.
  • High-end Montclair residence; plaintiff reneged on settlement after mediation and Court enforced settlement based on post-mediation communications.
  • Special Master in 12-home construction defect case in Modesto; settled matter before trial.
  • Piedmont single-family home construction defect case arising from Oakland fire rebuild.
  • Construction defect case involving Fremont multi-use (residential and commercial) project.
  • Oakland single family home construction defects case.
  • Walnut Creek single family home case alleging construction defects and destruction of extensive wine collection allegedly due to excessive temperatures and inoperative wine storage room.
  • Special Master in multiple single-family-homes construction defect case in Placer County; settled before trial.
  • Special Master in construction defect case involving 37 homes in San Joaquin County; settled before trial.
  • Special Master in construction defect case involving single family home in Rancho Murrieta.
  • Special Master in single family home matter involving soils and foundation movement claims; settled before trial.
  • Special Master in case involving construction defects in San Francisco multi-family condominium complex; settled before trial.
  • Special Master in construction defect case involving 17 single family homes in Elk Grove; settled before trial.
  • Arbitrated indemnity cross-claims arising from construction defects; 7- figure award.
  • Community College construction defects claim regarding roofing work, complicated by uninsured roofer and performance bond.
  • Construction defects/payment issues arising from public improvements as part of car dealership construction. Matter included addressing payment bonds and related reimbursement/compensation issues.

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Real Estate

  • Negotiated parking space division for San Francisco condominium conversion.
  • Served as court-appointed Discovery Referee in highly contested and emotional property boundary dispute.
  • Breach of purchase and sale agreement dispute arising from incomplete paperwork and ambiguous electronic communications.
  • Settled $4MM partnership dissolution/dispute between investor and custom home builder regarding custom home projects in Martis Camp/Lake Tahoe area.
  • Mediated foreclosure and property line dispute involving large parcel containing “swiss-cheese” like divisions to various stakeholders, including claims of prescriptive easements to access lots. Mediated subsequent case on same real property arising from buyer’s remorse at foreclosure sale, and attempts to stop payments on checks issued at Trustee’s sale.
  • Successfully mediated case involving sale of real estate in violation of restrictions in title requiring right of first refusal by affordable housing organization.
  • Successfully mediated complex foreclosure matter involving multiple rental properties, which required complex negotiations for refinancing/modification of loans.
  • Successfully mediated foreclosure matter involving San Mateo single family home; key issues related to how terms of modified loan integrated with terms of original loan.
  • Successfully mediated dispute involving loan modification on Contra Costa single family residence, including claims against title company.
  • Landlord tenant dispute involving claim that small technology company was tenant, as opposed to individual principal, and was responsible for late and unpaid rent. Also included landlord’s claim that tenant had promised stock to landlord and members of her family.

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Business & Commercial

  • Business dispute arising from husband’s and wife’s joint ownership of small business, dissolution of same, complicated by claims of unequal financial support of residence and lifestyles.
  • Business dispute over whether money given for purposes of buying a business was a loan or an investment.
  • Successfully mediated dispute arising from hard money loans secured by UCC Filings and personal guaranty.

Personal Injury

  • Injuries resulting from falling out of wheelchair while traversing non-ADA compliant ramp.
  • Offensive touching alleged against employee of franchise of popular fast- food restaurant.
  • Slip-and-fall in gift store located within popular Bay Area amusement park.
  • Slip-and-fall in bathroom of national clothing retailer.
  • Slip-and-fall in major chain grocery store, including indemnity owed by
    independent floor polishing subcontractor.
  • Soft-tissue injury case arising from car accident.
  • “Air-step” trip-and-fall case at popular Bay Area amusement park.
  • Personal injury arising from burns to face, neck and hands resulting from use of hand-operated coffee press/mug.

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Insurance/Subrogation

  • Bad faith claim by City against carrier under 30+-year-old insurance policy for failure to defend/indemnify underlying third-party claims for flooding caused by City property.
  • Insurance subrogation arising from repair contractor’s allegedly defective and delayed work; extra-contractual issues included whether long-standing contract existed between insurer and repair contractor.