Mediator  •  Arbitrator  •  Referee

Judge, Los Angeles Superior Court, Retired

Commercial Contract, General Business

REPRESENTATIVE CASES​

• Settled a dispute between a hip hop artist and his former manager with the artist claiming a failure to make all payments due to him. The manager counterclaimed against artist for working outside the management agreement and failing to pay commissions and against both the artist and the artist's attorney for extortion.
  

• 4 alleged victims of car accident had claims against the wrongdoer's liability insurance and could not agree on the amounts to be allocated to each of them. They agreed with insurer to settle by way of a "binding mediation." The mediation occurred but the parties were unable to agree. Under the agreement, the mediator then was to allocate the proceeds among the victims. The mediator issued an order doing so.
  

• Lemon law case brought against Tesla alleging computer system would fail during driving and car would stall.
  

• Bank sued software provider for breach of contract and a third party for inducing the breach. The bank and software company had been providing banking/software services to bankruptcy trustees. The software company allegedly breached its contract with the bank in connection with the sale of its software business to a bank competing with the plaintiff bank, depriving the plaintiff bank of all its trustee customers.
  
  
• Plaintiff purchased “vintage wood” that proved unsuitable for structure plaintiff was building. The contract provided the wood was sold “as is.” Plaintiff claimed the unsuitability was so extreme that the “as is” clause was inapplicable.
  

• Plaintiff and defendants and cross-complainants formed a relationship whereby plaintiff was to recruit students from China to attend a private school in the U.S. The school was an investment vehicle where Chinese nationals could invest to obtain EB-5 visas, leading to green cards. A dispute arose as to whether plaintiff was appropriating funds or if defendants were compensating plaintiff for his services and failing to repay alleged loans by plaintiff to them.
  
  
• A prepared employee handbook for plaintiff did not refer to employees’ right to third rest period and second meal break after 10 hours of work. Plaintiff was sued for wage and hour violations by employees. Plaintiff then sued the company which prepared the handbook for failure to perform its contractual obligations properly, by failure to include reference to the third rest period and second meal break.
  
  
• Plaintiff loaned Defendant approximately $5-6 million at 12% interest rate. Defendant claimed the interest rate was usurious and that he was excused from paying interest. Plaintiff claimed the loans were exempt from usury laws. Plaintiff also claimed fraud, elder abuse, and conversion.
  
  
• Business manager and shareholder of corporation alleged to have embezzled millions from health care corporation sued by other shareholder for embezzlement. Accountant for corporation and third parties who allegedly received embezzled funds were also sued by the shareholder.
  

• Numerous contract disputes.
  

• Numerous alleged frauds.
  
  
• Fraud and misappropriation of opportunities in development of nursing home project.
  
  
• Embezzlement by tax preparer/business manager.
  
  
• Dispute between commercial tenant and real estate developer as to rights in commercial real property.
  
  
• Dispute between developer and investors and buyers of real property.
  
  
• Fraudulent schemes to deprive investors of fruits of their investments.
  
  
• Fraudulent schemes to victimize immigrants seeking visas available to large investors in small businesses.
  
  
• Contractual dispute between municipality and provider of services.
  
  
• Construction disputes between contractors and subcontractors and/or owners and/or municipalities.
  
  
• Commercial lending disputes.
  
  
• Disputes about alleged misappropriation of corporate assets and opportunities by fiduciaries and employees.
  CEQA challenge to development.
  
  
• Contractual dispute between owner of outdoor advertising signs and past and future renters.
  
  
• Safe deposit box owner sued bank for loss of more than $2million in allegedly misappropriated contents.
  
  
• Dispute between government contractors in which one contractor was alleged to have improperly eliminated its joint venturer from contract.
  
  
• Investigations of whistleblower claims that aerospace contractor was not following protocols in the manufacture of test equipment.
  

Hon. Rita “Sunny” Miller