Heidi A. Timken

Attorney Heidi TimkenHeidi is a founding partner of Timken Johnson LLP, a law firm in Walnut Creek, California, specializing in real property matters. After 25 years as a successful litigator, Heidi now devotes the majority of her time to serving as a mediator. Heidi has certificates in Basic (30 hours) and Advanced (10 hours) Mediation Skill Practicum (issued by the Los Angeles County Bar Association Center for Civic Mediation). Heidi will bring to your case the same tireless work ethic, keen intellect, common sense and good humor which were the hallmarks of her career as a litigator. She is available to mediate all types of civil disputes including but not limited to eminent domain and inverse condemnation, real estate and business disputes, employment and personal injuries cases as well as appellate cases.

Rates:  $2,800 per day (preparation included and no administrative fee) for typical 2-party mediation.  Multiple party, half-day or multi-day rates available upon request.

Heidi is a highly experienced trial attorney and has been selected as a Northern California Super Lawyer every year since 2006 to the present, and is AV-rated by Martindale-Hubble.  Additionally, Heidi was recently selected by Martindale-Hubble to join its 2013 Bar Register of Preeminent Women Lawyers™ – exclusively for women attorneys who have received the highest possible rating in both legal ability and ethical standards from their peers.  In addition to other services, Martindale-Hubble provides the public with peer review ratings for attorneys throughout the country.  Less than 5% of women lawyers nationwide have been recognized with an AV Preeminent Rating. This puts Heidi among the elite women in the legal industry.

Heidi’s practice is statewide. Many of her cases involve eminent domain and inverse condemnation for property owners, and she has obtained in excess of $190 million in verdicts and settlements in those matters. She has also represented public agencies in condemnation and other real estate related matters, and has tried cases to defense verdicts for clients, most notably in the area of Civil RICO and fraud. Heidi has also presented oral argument before several Courts of Appeal in California.

Prior to forming Timken Johnson 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. Heidi has served as committee chairperson, President-Elect and for two years, President of EBCREW. She has also been very active at the national level, having been elected to the CREW Network Board of Directors and having been active in CREW’s Foundation, an organization which provides opportunities to young women to enter the industry. Heidi is also a member of the Contra Costa Bar Association and served for two years on the Association’s Executive Committee on Diversity, whose aim it is to increase diversity in law firms throughout the County. Heidi has also led (along with Leslie Johnson) efforts within her firm to participate in and donate to locally-based organizations whose mission it is to help those in need, including the Contra Costa Solano Food Bank, Richmond Rescue, Homeless Prenatal Program and Shelter, Inc.

Heidi received her J.D., with honors, from Golden Gate University School of Law in 1991. She was a member of the Law School’s winning mock trial team and was awarded several commendations for her trial advocacy skills and academic achievements. Heidi obtained her B.A. in Political Science from Brown University in 1985.

Heidi’s areas of legal expertise include:

• Real estate litigation
• Eminent domain and inverse condemnation
• Title insurance
• RICO and California Business and Professions Code Section 17200 Claims Appeals

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

US District Court, District of Arizona: Represented business owner plaintiffs in a contract dispute. Pre-litigation mediation and early limited discovery led to a very favorable settlement.

San Francisco Superior Court: Represented low-middle income homeowners against the City and imposition of a new ordinance which locked long-time owners into their homes at below-market rates. Obtained temporary restraining order against City and successfully negotiated approximately 30 homeowners out of the program, returning their homes to market value.

Monterey County Superior Court: Caltrans sued our clients in eminent domain to acquire their brand new dream home. Jury awarded $1.2 million in just compensation; trial court awarded $400,000 in precondemnation damages for Caltrans unreasonable delay and unreasonable conduct and awarded all litigation expenses; Caltrans appealed the court’s rulings and the matter is currently pending.

San Bernardino County Superior Court: Clients found sewer pipe buried on the property, right beneath their future living room. County shut down construction and advised clients it was their problem. We filed suit for inverse condemnation and settled for $750,000; if the County had just moved the pipe, it would have cost the County $150,000.

San Bernardino County Superior Court: Represented land owners in contemporaneous quiet title and inverse condemnation actions against the Flood Control District and the County; the trial court found that the District had no easements to compel the use of 72 acres of the clients’ property for regional flood control facilities. The Court further found that 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 approved a $102 million settlement of the clients’ claims.

Contra Costa County Superior Court: Represented property owner in partial condemnation of property; obtained $1.2 million in mediated settlement.

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.

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 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.

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.

Contra Costa 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. Court awarded the investors the entire condemnation award of $1.7 million following an apportionment trial against the landowner.

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 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 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.

Alameda County Superior Court: Represented a private property owner in a condemnation action. After a 7 day trial, jury awarded more than $6 million.