Robert S. Miller

Robert S. Miller


  • Harvard Law School (J.D. 1989)
    • Cum Laude
  • Princeton University (A.B. 1986)
    • Cum Laude


Bar Admissions

  • California

Court Admissions

  • U.S. Ninth Circuit Court of Appeals
  • U.S. District Court, Northern District of California

Judicial Clerkships

  • Honorable Jerome Farris, Ninth Circuit U.S. Court of Appeals (1989-1990)

Representative Matters

Acquisitions and Dispositions

  • Primary attorney for a developer of a residential master-planned community, consisting of multiple neighborhoods with thousands of lots, including purchase and sale agreements for each neighborhood with public homebuilders, development CC&Rs, profit participation agreements, cost-sharing agreements, and all other related documents, including construction loans.
  • Facilitated the purchase and sale of apartment, retail, and office portfolios involving billions of dollars throughout California and in neighboring states – with and in support of local counsel.
  • Managed the purchase and sale of hundreds of parcels of land, both improved and unimproved, for development, as finished lots, blue top, raw land, ground leases, etc., involving purchase prices ranging up to and over $100,000,000.


  • Negotiated and documented all of the acquisition and replacement loans for individual and portfolios of apartment and commercial properties. Negotiated and documented development loans, construction loans, and letters of credit.

Joint Venture/Entity Formation/Corporate and Partnership Issues

  • Managed joint venture documentation with institutional capital partners from the ground up, including the development of major residential/mixed-use development in Sunnyvale, representing the land owner in a transaction with a Wall Street financial partner.
  • Created, merged, terminated, and maintained corporate, LLC, and partnership entities for various real estate businesses.

Project Development and Entitlements

  • Negotiated and documented a conservation easement with the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife to provide offsite mitigation for a development project in Alameda County.
  • Negotiated and documented affordable housing agreements, development agreements, subdivision improvement agreements, fee waivers, and similar agreements.

Construction and Contracting

  • Drafted and implemented a standard construction subcontract for all trade subcontractors performing services for home building and apartment portfolios.
  • Negotiated contracts for general contracted building projects.


  • Coordinated lease negotiation and documentation of leases for retail, office, and industrial tenants, involving national chains as well as local tenants.
  • Managed the lease of an assisted living facility to a national operator of senior housing.
  • Developed a ground lease of a hotel site in Monterey.
  • Created a ground lease of residential development sites, involving UC, CSU, and related entity-owned property.

Publications & Speaking Engagements


  • Author, “Real Property Taxes and Assessments,” Chapter in CEB book, Real Property Ownership and Taxation, January 2017
  • Author, “Office Leasing: Drafting and Negotiating the Lease,” Update Contributor, CEB, December 2013
  • Author, “Case Alert: In Cyr v.McGovran, Court Rejects Three Year Statute of Limitations for Title Claim by Option Holder, Finding No Real Property Interest,” State Bar Real Property Law Section E-Bulletin, May 2012
  • Author, “Ten Year Anniversary of SB 800: Mission Accomplished or Missed Opportunity,” California Real Property Journal, Vol. 30, No.4, 2012
  • Author, “Black Hills Revisited,” California Real Property Journal, Vol. 28, No.3, 2010
  • Author, “Rethinking Regulations,” Rental Housing of Northern Alameda County Magazine, February 2010
  • Author, “Back to School: Educate Yourself on the Latest Legal Challenges,” Rental Housing of Northern Alameda County Magazine, June 2009
  • Author, “Avoid the Trap,” California Real Estate Journal, April 1998
  • Author, “Attorneys’ Fees For Contractual Non-Signatories Under California Civil Code Section 1717: A Remedy in Search of a Rationale,” 32:2 San Diego Law Review 535, Spring 1995

Speaking Engagements

  • PLI, Annual Commercial Real Estate Institute, 2016 – present
  • BisNow East Bay Multi-Family Conference, August 2019
  • BisNow East Bay 880 Corridor Conference, August 2018
  • “Boilerplate Real Estate Contracts: The Good, The Bad & The Ugly,” RINA Accountancy Corporation, September 20, 2016
  • “Variations on 1031 Exchanges in an Imperfect World,” State Bar Real Property Law Section Annual Retreat, May 2016
  • “Transfer Tax and Reassessment – When Are They Due and How Can you Structure Your Transaction to Avoid Them,” State Bar Real Property Law Section Annual Retreat, May 2015
  • “Ethical Issues in Real Estate Transactions,” State Bar Real Property Law Section Annual Retreat, May 2014
  • “Avoiding Pitfalls in Real Estate Transactions,” State Bar Real Property Law Section Annual Retreat, April 2013
  • “Year in Review,” Real Property Law Central Coast Roundtable, February 2013, Santa Barbara
  • “Transactional Dos and Don’ts,” State Bar Real Property Law Section Annual Retreat, May 2012
  • “Affordable Housing Programs After the Crash: What Next?,” State Bar Real Property Law Section Annual Retreat, May 2011

Robert S. Miller is a partner in Lubin Olson’s Business, Real Estate, and Land Use service groups in the firm’s Walnut Creek office. He represents businesses and individuals in all aspects of their real estate and related development business, including real property acquisitions and dispositions, entity formation, joint venture, leasing, construction, financing, project development, and entitlement. Mr. Miller has particular experience in the home building industry and related transactions and represents numerous home builders and residential developers in his practice.  

Mr. Miller adds to his legal skills and experiences a unique perspective from the developer/operator’s point of view, as he was the general counsel and partner of Braddock & Logan, a diversified real estate holding, development, and home building company, from 1998 to 2013, and also served on the board of directors of Landsea Homes, a NASDAQ-listed homebuilding company, from 2014 through 2023.

Prior to joining Lubin Olson, Mr. Miller was an associate at Orrick, Herrington & Sutcliffe in San Francisco, and Tomotsune, Kimura & Mitomi in Tokyo, Japan. Mr. Miller has been active in several community and legal organizations, including the State Bar of California Real Property Law section, where he was chair of the Real Property section, the California Apartment Association, the Rental Housing Organization of Northern Alameda County, the East Bay Chapter of Amigos de las Americas, Congregation B’Nai Tikvah, and Family Support Services of Alameda County.

Mr. Miller has been honored by Thomson Reuters as a Northern California Super Lawyer since 2017. In addition, Mr. Miller is a frequent presenter on real estate issues and has authored numerous pieces on real estate topics. Mr. Miller sponsors the annual Lubin Olson Real Estate Development Update in the firm’s Walnut Creek Office.