The Miller Law Firm’s Land Subsidence Case History
Case Summaries
1981 – DEL MAR BEACH CLUB, Solana Beach
Del Mar Beach Club Owners Ass’n v. Imperial Contracting Co., 123 Cal. App. 3d 898, 176 Cal. Rptr. 886
(1981)
Defendant developer of a nondetached project built a project on a scenic bluff overlooking the Pacific Ocean.
When the bluff eroded the structures were put in jeopardy requiring a sea wall to guard against further damage.
Tom Miller, lead attorney for the defense, made headlines for his participation in the Del Mar Beach Club case,
establishing the application of strict liability to construction defect cases for the 1st time in California history
and California law. Strict Liability requires only that a mass produced consumer item was defective and the
defect proximately caused damages.
1986 – California Construction Defect and Land Subsidence Litigation
Miller, Cal. Construction Defect and Land Subsidence Litigation (1986), 1st ed.
1989 – LAS BRISAS TRIAL, Bernardo Heights
Using the geotechnical testing, expert testimony from the geotechnical engineer hired by the HOA, and personal
testimony, Tom Miller helped 140 condo owners recover for the damage done to their homes because of soil
defects and stabilization of the bluffs. When the defendants would not settle the case initially, Miller took it to
trial. Plaintiffs recovered $7 million.
1998 – CROWN COVE, Laguna Niguel
When homes were destroyed, Tom Miller helped them recover. For years, the residents reported separated
floors and ceilings, garages have buckled, leaking roofs, buckling sidewalks and leaning chimneys. With El
Nino hitting hard in 1996, the residents of Crown Cove were put in more danger due to the unstable, steep
hillside behind their homes created by the developers. Homes were evacuated and eventually destroyed, shaking
the community to the core. Miller negotiated a settlement that included relocation costs and a fair market value
buy out of the homes for 41 homeowners, totaling about $9.5 million.
1998 – EGDEWATER ISLE, San Mateo
After hiring Tom Miller for his construction defect expertise, the homeowners of Edgewater Isle can start
rebuilding. Before hiring Miller, the suit involving the 225 unit residential complex and problems with bay mud
soil settlement was stuck waiting for 3.5 years. His experts were able to determine the solution was mat slaps
and adding caissons for stability. Miller was able to accomplish this settlement of $5.5 million within 8 months
of being retained.
The Miller Law Firm’s Land Subsidence Case History
Case Summaries
2000 – LAGUNA HEIGHTS, Laguna Niguel
Complaint contended the 2200 unit Master community was plagued with slope creep; cracks and separations in
terrace drains and down drains; titled (sic), cracked and stained retaining walls; separation of side yard
wall/pilaster connections; cracked concrete flatwork and asphalt pavement; soil erosions in graded and natural
areas; landslides; and backyard distress. The repair: adding support with structural slabs and caissons. Plaintiffs
recovered $3.9 million.
2001 – THE CAPES, Oceanside, Oregon
Owning a home near the ocean is the goal, not owning a home in the ocean. This is exactly what 200
homeowners at The Capes, including former Senator Mark Hatfield, ended up owning. The complaint
contended defects included water intrusion through roof and decks; potential dry rot/fungus damage; soil
erosion; damage relating to a loss of subjacent and/or lateral support caused by slope creep and landslides; and
water intrusion through windows and slinging glass doors. Tom Miller was able to settle a highly chaotic case
to allow homeowners to move forward from this disaster. Recovery was $15 million for the plaintiffs.
2011 – ATHERTON GLEN, Ladera Ranch
Improper structural construction of this 100+ home development led to major damage of the homes. Most
homeowners suffered from water damage from the multiple cracks in the ceilings, walls, and patio.
Homeowners also suffered from worry their homes were not seismically stable. Plaintiffs received $3.4 million.
(CONFIDENTIAL SETTLEMENT)
2012 – CALIFORNIA RENAISSANCE, San Francisco
A mix use building suffered from water intrusion and plumbing issues, along with geotechnical and structural
issues. All said and done the building was not constructed to account for anticipated leading to major defects in
the building, including crack and uneven settlement. Plaintiff recovered just under $1 million.
2016 – HERON BAY/SPYGLASS HILLS, Carlsbad
Homeowners noticed something was wrong. The architectural and engineering, civil and geotechnical, land
surveying, general engineering contractor and cost estimator experts found the proof: defectively
prepared/unstable natural bluffs; over steepened slopes threatening lateral support from adjoining property;
erosion; creeping, settling causing damage to sidewalks and retaining walls. Tom Miller settled this case
confidentially for the 127 unit development.