REAL ESTATE EXPERT WITNESS ON THE ISSUE OF COMMERCIAL REASONABLENESS

Ken Miller is a practicing attorney who provides expert opinions and testimony in real estate litigation. After graduating from Stanford Law School in 1981, Mr. Miller has generally practiced in the area of both real estate litigation and real estate transactions. He has personally represented clients in the successful closing of over $7 billion in commercial real estate transactions. He recently testified as an expert witness on the issue of commercial reasonableness in a federal jury trial in Los Angeles concerning a dispute over a $10 million earnest money deposit. The deposit was made by the buyer under a contract to acquire a multi-tenant office building which the buyer cancelled shortly before the scheduled closing. After the close of testimony, Mr. Miller’s client (the seller) brought a motion for a directed verdict which the court indicated it was inclined to grant resulting in a confidential settlement.

In 2019, Mr. Miller was hired as an expert witness by the owner of a leasehold estate in commercial real estate who was suing its landlord for breach of contract and interference with contract. The client’s landlord had refused to provide a required estoppel certificate, and such refusal resulted in the client’s loss of a potential buyer of its leasehold estate. After Mr. Miller and the other experts were deposed, the parties entered into a confidential settlement of the case. 

Trial counsel  for Mr. Miller’s client in his most recent trial had this to say:

“Ken Miller was our expert on commercial real estate industry custom in a lawsuit involving the sale of an office building in downtown Los Angeles. Ken is one of the best expert witnesses I have ever seen in my over 40 years of practice. He is smart, extremely knowledgeable about the real estate industry, hard- working and very well prepared. His presentation to the jury was excellent; he explained complex and technical real estate issues in an engaging and persuasive manner. He should be the first person on the list of any attorney who needs a real estate expert.”

Charles Avrith, Partner, Ross LLP

Ken Miller — Expert Witness Profile 

Stanford Law School, J.D. 1981

Hamilton College, B.A. 1981, Summa Cum Laude, Phi Beta Kappa

Over $7 billion in Commercial Real Estate Closings

Author, “Net Leases & Sale-Leasebacks, A Guide to Legal, Tax & Accounting Strategies,” Practising Law Institute (2016-2023)

Super Lawyer 2022-2024

Prior Expert Assignments

Hooper v. Public Properties Management, Inc., US District Court, WD Tenn., Case #CV 2863-D/BRE (testified at hearing in 2002 in support of motion to expunge lis pendens; motion granted)

Hathaway I, LLC v. Hathaway Industrial Properties, Los Angeles Superior Court, Case #BC 683747 (testified at deposition in 2019; settled)

Olive/Hill Street Partners, LLC v. SPC Owner, LLC, US District Court, CD Cal., Case #2:21-cv-02003 (testified at jury trial in 2023; settled after court indicated it would grant client’s motion for directed verdict)