Hon. Rita “Sunny” Miller

Mediator  •  Arbitrator  •  Referee

Judge, Los Angeles Superior Court, Retired

  • Neighbor claims to have an easement over plaintiff's land. Plaintiff claims that neighbor fraudulently told plaintiff that neighbor had an easement and waved a piece of paper purporting to be an easement at plaintiff. There was no written easement granted. Neighbor now claims a prescriptive easement was obtained by hostile use over 5 years. Plaintiff claims that neighbor is estopped to allege hostile use because neighbor's fraud prevented plaintiff from asserting plaintiff's right to exclude neighbor from property. Neighbor claims that plaintiff was an attorney and should have checked property records rather believing neighbor's misrepresentation. Overuse of easement, if any, is also alleged.

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  • Settled contentious multi-unit landlord-tenant dispute where tenants of two low income units in an apartment building claimed that landlord was cited by local authorities for habitability violations and did not correct them in 35 days in violation of Civil Code, ignored complaints, and failed to make repairs. In particular, both families claimed that the habitability issues included water leaks, rodents, cockroaches, bedbugs and dust mites, lack of insulation, and holes in walls--all of which made the units unlivable.


  • Tenants of two low cost units in apartment building claimed that landlord was cited by Housing and Health authorities for violations and did not correct them in 35 days in violation of Civil Code.  One family also claimed mold and vermin made their apartment uninhabitable.  Both families claimed other habitability issues including water leaks, rodents, cockroaches, bedbugs and dust mites, lack of insulation, holes in walls, etc.  Both families claimed repairs were never made timely and complaints were largely ignored.


  • Mediated case involving alleged fraudulent concealment by a seller of a home based on the failure to disclose. After purchasing a home from Defendants, the home experienced severe water damage within six months of purchase, due to poor grading, defective construction of sides of house, and roof leakage. Plaintiff alleged that the damage had been occurring for years, that Defendants must have known of it, and still failed to disclose it on the disclosure statements. Defendants claimed all water damage occurred after they vacated the house and that they did not know of any problems before the sale. Successfully resolved.


  • Plaintiff sues loan processor and mortgage holder (Fannie Mae) for wrongful foreclosure violation of Homeowners' Bill of Rights, breach of contract and various torts. Plaintiff claims the deed of trust was on the wrong property when foreclosure was attempted, that payments were not credited, accounting was not provided, and plaintiff became seriously ill due to stress caused by loan processor and Fannie Mae's wrongful conduct.

  • Plaintiff owned a gas station next to property purchased by Defendants. Defendants were building a gas station on it. Plaintiff claimed there was a restrictive covenant that runs with its land which precludes a gas station, and that Defendants had notice of the covenant when they purchased. The Court had already refused to allow a lis pendens because it found the covenant does not run with the land and there was no notice. Plaintiff believed new evidence would convince the judge that the covenant runs with the land and/or there was advance notice.

  • Boundary disputes

  • Easement disputes

  • Easement for public recreation

  • Disputes as to removal of invasive landscaping

  • Disputes as to allegedly improper removal of trees and shrubs

  • Disputes as to nuisances and bad neighbors

  • Disputes between individuals and homeowners’ associations

  • Disputes as to neighbors damaging adjoining properties

  • Dispute as to public utility damaging real property

  • Premises liability

  • Suit seeing damages for personal injury due to alleged failure to provide adequate security

  • Suits against title insurers

  • Disputes as to whether monetary contributions to purchase of property were loans or investments

  • Disputes as to title to real property

  • Disputes among investors in real property

  • Disputes between condominium developer and buyers and investors

  • Dispute between owner of outdoor advertising signs and past and future renters

  • Construction disputes and defects

  • CEQA challenge to development

Real Property

​REPRESENTATIVE CASES​