Daniel A. Muller
  • Shareholder

Contact

V-Card

Daniel A. Muller
  • Land Use and Real Estate
  • Litigation

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).

  • Contra Costa Council, Walnut Creek, California, Land Use Task Force, Member, Board of Directors & Co-Chair, 2004 to 2011
  • Home Building Industry Associations
  • California Building Industry Association, Member
  • North State Building Industry Association, Member
  • Building Industry Association of the Bay Area, Member, 2010 to Present
  • CBIA Impact Fee Task Force, Member, 2009 to 2011
  • BIA of the Bay Area's Eastern Division Board of Directors, Member, 2008 to 2010
  • BIA of the Bay Area's East Bay Policy Committee, Member, 2010 to Present
  • California State Bar, Real Property Law Section
  • California State Bar, Real Property Law Section, Land Use Subsection, Chair, 2006 to Present
  • California State Bar, Real Property Law Section, Land Use Subsection, Vice-Chair, 2005 to 2006
  • California State Bar, Real Property Law Section, Eminent Domain/Inverse Condemnation Subsection, Member, 2008 to Present
  • Presenter, Using Appraisers as Experts in Eminent Domain/Inverse Condemnation Trials, Appraisal Inst., Berkeley, CA, 2015 to 2015
  • Presenter, Navigating the Land Use Maze – Parts I & II, Investment Marketing Forum, Orinda CA, 2013 to 2013
  • University of California at Davis School of Law, Davis, California
    • J.D. - 1993
    • Honors: Member, U.C. Davis’ team for Pace University Environmental Law Moot Court Competition, 1990-1992
    • Honors: Teaching Assistant, Undergraduate Courses in CEQA, Environmental Law, 1991-1993
  • University of California, Davis, California
    • B.A.
    • Honors: Public Service & B.S., Avian Sciences, 1990
    • Honors: Recipient, Political Science-Public Service Departmental Honors/Awards, 1990
    • Honors: Recipient, Henry Jastro Scholarship, 1987
    • Honors: Big Brother, West Sacramento & Sacramento, CA 1988-1992
    • Major: Political Science
  • Attended Dartmouth College
    • University of Virginia
      • Recipient, Outstanding Task Force Chair Award
      • Recipient, Award of Recognition, California State Bar
      • Recipient, BIA of the Bay Area's Associate of the Year Award
      • Recipient, BIA of the Bay Area's Associate Profile
      • Yolo Co. District Attorney's Office, Woodland, CA, Intern, 1989 to 1989
      • California Coastal Commission - Legislative Office, Sacramento, CA, Intern, 1989 to 1990