Evelyn F. Heidelberg's practice emphasizes business, real estate, land use, and environmental litigation. She has successfully represented businesses, governmental entitles, non-profit organizations, and individuals in state and federal courts. A particular emphasis of her litigation practice is defending mortgage lenders and servicers against predatory lending and wrongful foreclosure claims.
Ms. Heidelberg also has an active land use and environmental transactional practice, and she chairs Procopio's Environmental and Land Use Practice Group. She represents developers in obtaining land use entitlements and advises businesses, non-profit organizations, and individuals on land use and environmental compliance matters.
Prior to joining Procopio, she was Of Counsel with Latham & Watkins in Los Angeles. Prior to practicing law, Ms. Heidelberg was an independent consultant on environmental and governmental relations for major manufacturing and trade association clients. She also represented developers and building industry associations on environmental issues and worked as a city and regional planner in southern California and Virginia.
- Successfully represented municipality in judicial challenge of Local Agency Formation Commission's denial of annexation.
- Represented major national non-profit sports organizations against class action claims alleging gender discrimination under the Unruh Civil Rights Act.
- Represents coastal property owners in obtaining Coastal Development Permits from municipality and Coastal Commission.
- Represents property owners in eminent domain actions.
- Successfully represented Geological Hazard Abatement District in obtaining Coastal Development Permit from Coastal Commission for seawall.
- Represents defendants in Proposition 65 (failure to warn and discharges to sources of drinking water).
- Represents defendants in action alleging violation of Political Reform Act reporting requirements.
- Successfully moved to dismiss numerous suits in federal and state courts alleging predatory lending and wrongful foreclosure claims. Click here for more information.
- Successfully represented religious institution in appeal to City Council of Planning Commission denial of increase in limit on number of students at tenant charter school.
- Successfully represented applicant to Local Agency Formation Commission for approval of annexation.
- Successfully represented charter school in obtaining from school district an exemption from local land use regulations.
- Obtained summary judgment for business charged with age discrimination under the Unruh Civil Rights Act.
- Represented developers in several actions seeking to quiet title against adverse claims interfering with entitlements.
- Represented children's museum in successful defense of entitlements to construct major new facility.
- Represented condominium converters in litigation challenging municipality's exemption of such projects under the California Environmental Quality Act ("CEQA") and the Subdivision Map Act.
- Represented high-tech, petroleum, auto, and sports equipment/clothing manufacturers in defending against Proposition 65 failure to warn and discharge to drinking water claims.
- Represented numerous developers in successful opposition to temporary restraining orders in actions challenging commercial and residential projects on grounds of noncompliance with CEQA and Coastal Act.
- Represented major oil companies in cases brought by District Attorneys alleging violation of underground storage tank regulations, and related statutory and common law violations.
- Represented plaintiff in action for trespass, nuisance, unfair business practices, and unjust enrichment against commercial neighbor; defeated anti-SLAPP motion to strike.
- Represent potentially responsible parties in suits under federal and state Superfund laws.
- Represent owner of office property in successfully obtaining amendment to municipality's ordinance placing moratorium on rental of property for continued office use.
- Represented developer of single-family homes in successfully defending against neighbors’ appeals to San Diego City Council.
- Represented property owner in successfully obtaining subdivision map waiver from City of San Diego’s Development Services Department.
- Represented property owner in opposing neighbor’s proposed single-family development on beachfront in La Jolla Shores.
- Represented condominium owners in successfully obtaining from San Diego City Council extensions to subdivision maps.
- Represented developer of downtown San Diego waterfront mixed use redevelopment project with respect to CEQA issues.
- Represented property owner in opposing a municipality’s infrastructure finance plan on constitutional and other grounds.