ATTORNEYS

Daniel A. Muller

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Dan's clients include private property owners, business owners, home builders, developers, and public agencies. Dan's experience includes over 20 years resolving - and litigating if necessary – a wide array of property and business-related disputes involving land use, eminent domain/direct condemnation, inverse condemnation (unconstitutional regulatory and physical “takings”), development impact fees and exactions, redevelopment, purchases/sales, easements and boundaries, other municipal/constitutional law matters, and probate, will contests, and estate planning disputes.

In an era when few cases go to trial and litigators with trial experience are few and far between, Dan's experience is unusual - and valuable; allowing him to effectively counsel clients and win in court. Early in his career, Dan actively sought increasing litigation responsibility and was afforded the opportunity to handle dozens of cases, from early pleading and discovery stages, through jury or bench trial to verdict. Examples of Dan's litigation experience include:

•    Successfully prosecuting, defending and resolving (for and against public agencies) numerous land use-related writ petitions, involving development entitlements, environmental analysis (CEQA), conditions of approval, development impact fees and exactions, redevelopment, and zoning issues.

•    Successfully representing property owners, tenants, businesses, and public agencies in bench and jury trials of eminent domain, inverse condemnation, employment, business, and breach of contract disputes.

•    Successfully prosecuting other municipal law disputes, such as quo warranto actions, in which public officials serving on two local agency boards were forced to resign under the "incompatible offices doctrine".

•    Resolving contentious disputes between private property/business owners involving purchase/sale agreements, access and prescriptive easements, property boundaries, damages to real and personal property, breach of contract, tort, and construction claims.
Dan started his legal career at Gagen McCoy in 1994. Before returning in 2015, his other law firm positions/experience included: Senior Litigation Associate at the municipal firm Meyers Nave Riback Silver & Wilson (San Leandro, CA); Litigation Partner/Shareholder & Founder/Co-Chair of the Land Use Department at Morgan Miller Blair (Walnut Creek, CA); Partner/Shareholder at Miller Starr Regalia (Walnut Creek, CA); Founder/Owner of the Law Offices of Daniel A. Muller (Walnut Creek, CA); and Partner/Land Use Chair at Buchman Provine Brothers Smith (Walnut Creek, CA).

EDUCATION

  • University of California, Davis, California - J.D., 1993
    Member, U.C. Davis’ team for Pace University Environmental Law Moot Court Competition, 1990-1992
    Teaching Assistant, Undergraduate Courses in CEQA, Environmental Law, 1991-1993
  • University of California, Davis, California - B.A., Political Science-Public Service & B.S., Avian Sciences, 1990
    Recipient, Political Science-Public Service Departmental Honors/Awards, 1990
    Recipient, Henry Jastro Scholarship, 1987
    Intern, Yolo Co. District Attorney's Office, Woodland, CA, 1989
    Intern, California Coastal Commission - Legislative Office, Sacramento, CA, 1989-1990
    Big Brother, West Sacramento & Sacramento, CA 1988-1992
  • Attended Dartmouth College, 1984-1985; University of Virginia, 1985-1987

PROFESSIONAL MEMBERSHIPS

  • Contra Costa Council, Walnut Creek, California
    Member, Board of Directors & Co-Chair, Land Use Task Force, 2004–2011
    Recipient, Outstanding Task Force Chair Award, 2004-2005
  • Home Building Industry Associations
    Recipient, BIA of the Bay Area's Associate of the Year Award: 2011
    Recipient, BIA of the Bay Area's Associate Profile: May 2007
    Member, California Building Industry Assoc. (CBIA); North State Building Industry Assoc.; Building Industry Assoc. of the Bay Area (formerly HBANC), 2000 – present
    Member, CBIA Impact Fee Task Force, 2009-2011
    Member, BIA of the Bay Area's Eastern Division Board of Directors, 2008-2010
    Member, BIA of the Bay Area's East Bay Policy Committee, 2010-present
  • California State Bar, Real Property Law Section (RPLS)
    Recipient, Award of Recognition - Land Use Subsection Chair: 2010-2011
    Vice-Chair, Land Use Subsection, 2005–2006
    Chair, Land Use Subsection, 2006-present
    Member, Eminent Domain/Inverse Condemnation Subsection, 2008–present


PUBLICATIONS & SPEAKING ENGAGEMENTS

  • Presenter, Using Appraisers as Experts in Eminent Domain/Inverse Condemnation Trials – Appraisal Inst., Berkeley, CA, May 2015
  • Presenter, Navigating the Land Use Maze – Parts I & II, Investment Marketing Forum, Orinda CA, Sept. & Dec. 2013

 

Areas of Practice: 

Daniel Muller, Esq.