Evelyn F. Heidelberg

 Ms. 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 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.

Representative Matters

• Successfully moved to dismiss numerous suits in federal and state courts alleging predatory lending and wrongful foreclosure claims - Click here for details
• Successfully represented municipality in judicial challenge of Local Agency Formation Commission's denial of annexation
• Represents major national non-profit sports organizations against class action claims alleging gender discrimination under the Unruh Civil Rights Act
• 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 and auto manufacturers and apartment owners 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 other grounds

Evelyn Heidelberg graduated from the University of Delaware, magna cum laude and Phi Beta Kappa, and was awarded a Master's degree in Urban and Regional Planning from the University of Pittsburgh's Graduate School of Public and International Affairs. She earned her J.D. from McGeorge School of Law in 1991, where she was valedictorian.

Ms. Heidelberg is currently serving on the Board of Directors for City Ballet of San Diego and the Board of Directors for Home Start. She is also a member of NAIOP, NAIOP's Legislative Committee, the Urban Land Institute, the Association of Business Trial Lawyers, and the Transportation and Land Use Committee of the San Diego Regional Chamber of Commerce.

 Recent News Coverage

• Garrick, David. “Escondido: Sweet Property Deal Spawns Competing Lawsuits,” North County Times, February 26, 2012
• Sherwin, Doug. "El Cajon wins appeal to annex Home Depot property," The Daily Transcript, August 20, 2010
• Broderick, Pat. “San Diego Loses Home Depot Appeal,” The Daily Journal, August 17, 2010
• Krueger, Anne. “El Cajon is appealing ruling on land annexation,” San Diego Union-Tribune, March 20, 2009
• Sherwin, Doug. "Procopio scores win for condo conversion developers," San Diego Daily Transcript, September 17, 2008
• "El Cajon and Home Depot fight ruling against plans," San Diego Union-Tribune, November 27, 2007
• Weisberg, Lori. "Settlement of condo lawsuit hits a wall," San Diego Union-Tribune, September 26, 2007
• Neely, Liz. "Home Depot ruling may limit city," San Diego Union-Tribune, February 10, 2007
• Weisberg, Lori. "Developers win verdict on condo conversions," San Diego Union-Tribune, September 20, 2006
• Neely, Liz. "El Cajon sues over Home Depot case," San Diego Union-Tribune, August 31, 2006
• Weisberg, Lori. "2 condo conversion suits rejected," San Diego Union-Tribune, August 5, 2006
• Johnson, Greg and Dave McKibben. "Getting Bent Over Gender," Los Angeles Times, May 16, 2006
• Turegano, Preston. "Duo's string of lawsuits target San Diego arts organizations," San Diego Union-Tribune, April 23, 2006

Recent Articles/Publications

• "County of San Diego to Reduce Public Transportation Fees," March 2012
• "Draft Guidelines to Streamline CEQA Review of Infill Projects: Is the Bar Too High?" February 2012
• “City of San Diego Considers Sweeping New ‘Abandoned Property Ordinance,’” March 2011
• “Legislature Enhances Density Bonus and Other Incentives or Concessions for Developers Providing Lower-Income Housing,” March 2005