Attorneys

Heidi’s success as a trial lawyer is punctuated by her use of demonstrative graphics and cutting-edge technology in the courtroom. She uses all tools available to present her cases, including the latest technology to show imaged documents, computer animation and digitized video. Heidi has used these presentation techniques to great effect for all her clients, including private property owners and public entities, real estate developers and investors, title insurance companies and other institutional clients throughout the state. She also has a burgeoning Southern California practice.

Her areas of expertise include:

• Real Estate Litigation
• Eminent domain and inverse condemnation
• Title insurance
• Real estate developer related matters
• RICO and California Business and Profession Code Section 17200 claims Appeals

Prior to forming Timken Johnson Hwang LLP, Heidi spent 14 years at Miller Starr & Regalia, California’s preeminent real estate law firm where she was one of the firm’s most experienced and successful trial attorneys. Heidi learned from the best, working closely with her former partner and mentor, Ed Regalia, on many matters over the years. Heidi is an active member of East Bay CREW, the local chapter of the national CREW Network, a professional women’s commercial real estate organization of more than 6000 members nationwide. Heidi has been elected to the 2009 Board of Directors of this dynamic professional organization. Heidi is a member of the Real Estate and Women’s Section of the Contra Costa Bar Association and the California Women Lawyers, and has been published in the Daily Journal. Heidi has an AV Peer Review Rating in Martindale-Hubbell.

Examples of the cases Heidi has tried to verdict or settlement are as follows:

Colonies Partners, L.P. v San Bernardino County Flood Control District, San Bernardino County Superior Court: Represented land owners in contemporaneous quiet title and inverse condemnation actions against the Flood Control District and the County; a lengthy court trial in the Spring of 2006 resulted in a court decision quieting title to the clients’ property in the face of easement claims by the Flood Control District. The trial court found that the District had no easements to compel the use of 72 acres of the clients’ property, now a major mixed-use development, for regional flood control facilities. The Court further found that (1) the District was estopped to claim the clients had consented to the facilities, and (2) the District had coerced and deceived the clients in its dealings with them. Following sustained efforts to resolve the clients’ pending lawsuit for inverse condemnation, the County Board of Supervisors approved a $102 million settlement of the clients’ claims in November 2006.

State Route 4 Bypass Authority v. Delizia Ranch, Contra Costa County Superior Court: Represented property owner in partial condemnation of property; obtained $1.2 million in mediated settlement.

BART v. Del Arroz, et al., Alameda County Superior Court: BART condemned property in downtown Fremont for the BART/Warm Springs Extension. Following pretrial motions, obtained a $12 million settlement for property owner clients.

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Caltrans v. San Antonio Lakes, San Bernardino County Superior Court: Represented a large land developer in a condemnation action filed by Caltrans to obtain property for construction of a portion of the 210 extension through Upland, California. Following a 3 week court trial and just before the jury was selected to determine compensation, Caltrans agreed to pay $18 million, up from its $5 million pretrial offer.

Napa County Flood Control and Water Conservation District v. ARCO, et al., Napa County Superior Court: Represented the Flood Control District against several major oil companies to seek recovery of clean up costs expended by the District along the banks of the Napa River to remediate decades of contamination. The District obtained approximately $5 million in a mediated settlement.

Richardson v. First American Title Insurance Company, United States District Court, Eastern District, Fresno: Civil RICO and fraud action brought by more than 100 investors against First American seeking up to $60 million in damages. Following a more than 2 month jury trial, client won a defense verdict on all claims.

East Bay Regional Parks District v. Stark, Contra Costa County Superior Court:  Represented a group of elderly investors who lost their money in the savings and loan scandal of the 1980s; they held a non-performing security interest in the condemned property. The Court awarded the investors the entire condemnation award of $1.7 million following an apportionment trial against the landowner.

Bar-K v. First American Title Insurance Company, Alameda County Superior Court: Escrow negligence and bad faith claims; First American defended all claims and prevailed on its own claim for breach of the duty to cooperate.

San Mateo County Transit District v. Tanforan, et al., San Mateo County Superior Court: Plaintiff condemned property for construction of new BART station; Heidi was a member of the defense trial team which obtained a $27.5 million jury verdict for the taking and severance damages. The First District Court of Appeal affirmed all but a nominal portion of the award, following a years-long appeal in which the Plaintiff sought a full reversal of the jury verdict.

Napa County Flood Control and Water Conservation District v. Nord, Napa County Superior Court: Represented the Flood Control District in an action to acquire private property for construction of the Napa River Flood Control and Restoration Project. Following a 3 week trial, the jury awarded compensation which was closer to the District’s appraisal than that of the property owner.

City of Dublin v. Dublin Land Co., Alameda County Superior Court: Represented a private property owner in a condemnation action; after a 7 day trial, jury awarded more than $6 million.

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