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San Diego

T(619) 235-1510

Education

  • J.D., UCLA School of Law

  • B.A., Yale University

Bar Admissions

  • California

Court Admissions

  • All California state courts

  • U.S. Court of Appeals for the Ninth Circuit

  • U.S. District Court, Northern District of California

  • U.S. District Court, Southern District of California

  • U.S. District Court, Central District of California

  • U.S. District Court, Eastern District of California

Memberships

  • Urban Land Institute (ULI), San Diego/Tijuana, Member of Residential Council (2015-2017), and Small-Scale Infill Development Council (2016-present)

  • Lambda Alpha International (LAI); Board of Directors, San Diego Chapter (2021-present); member (2020-present)

  • Build San Diego PAC, Board Member (2015-present), Chair 2017-2019

  • Building Industry Association (BIA), y|GEN Board Member 2013-2017, Mentor 2018-2020

  • NAIOP

  • Louis M. Welsh American Inn of Court

  • Association of Business Trial Lawyers (ABTL)

  • U.S. District Court, Southern District of California's Pro Bono Panel

Timothy M. Hutter

Partner

Tim is a partner in our San Diego office, where he practices in the Litigation and Land Use practices, and is a member of the Construction Law practice. Tim focuses primarily on business and real estate disputes, including contract, joint venture, entitlement, land use, construction, and landlord/tenant litigation. Many of his projects and cases involve residential and mixed-use projects, and several invoke California's density bonus and other housing laws to incorporate and develop affordable housing.  Tim aids owners and developers as they seek approvals from local jurisdictions, and litigates to protect their rights under state and local laws.  Tim also handles cases on appeal, and has successfully represented clients in the California Court of Appeal and the California Supreme Court.

Construction

  • Affordable Housing Developer. Represented developer/operator of affordable apartment project in construction defect action against general contractor and subcontractors.
  • Commercial Developers. Represented multiple commercial owners/developers in disputes with general contractor and subcontractors, including mechanics' liens and delay claims, as well as breach of contract claims regarding performance.
  • Condominium and Home Developers. Defended numerous developers in construction defect actions by individual owners and homeowners associations regarding new high-rise and single-family construction, including SB800 and Calderon pre-litigation processes.
  • Condominium Converters. Defended multiple converters of condominium projects, including buildings converted from alternative uses (industrial) in defect actions.

Entitlement and Land Use Disputes

  • Apartment Developer. Defended apartment developer sued along with City of San Diego for allegedly improper environmental review prior to issuance of building permits for apartment project.
  • Infill Single-Family Developer. Defended developer of single-family residential community sued along with City of Encinitas for allegedly improper environmental review prior to approval of project utilizing density bonus.
  • Building Industry Association of San Diego (BIA). Represented BIA in suit challenging density bonus policies adopted by City of Encinitas as violative of Government Code section 65915 (California Density Bonus Law) and the California Constitution, resulting in rescission of the policies and monetary settlement.
  • Commercial Developer. Defended developer of retail project sued along with City of San Diego for allegedly improper environmental review prior to approval of project.
  • Small-Scale Infill Developers. Advised numerous owners and developers regarding the application of Government Code section 65915 (California Density Bonus Law) in various jurisdictions.

Real Property Purchase and Sale Disputes

  • Condominium Developer. Defended condominium developer in class action consumer fraud matters alleging misrepresentation of size of condominium units.
  • Single-Family Housing Developer. Defended homebuilder against claims by group of homebuyers relating to alleged misrepresentations or non-disclosures of uses of surrounding properties.

Landlord/Tenant

  • Commercial and Retail Landlords. Represented commercial and retail landlords in unlawful detainer, breach of lease, and breach of guaranty actions.
  • Industrial Landlord. Defended REIT against claims by tenant for breach of lease, reformation, rescission, fraud, and unfair competition relating to the condition of the premises, and resulting in dismissal of all claims on eve of trial.

Corporate and Joint Venture Disputes

  • Master-Planned Community Developer. Defended developer in shareholder derivative litigation against claims for alleged breaches of fiduciary duty relating to timing and sequence of development process.
  • Closely Held Corporation. Represented corporation and several individual shareholders in suit by fellow shareholders including claims for breach of fiduciary duty, interference with perspective economic advantage, conversion, misrepresentation, breach of contract, breach of covenant of good faith and fair dealing, intentional infliction of emotional distress, and accounting.

Pro Bono

  • Recognized in 2013 by the Chief Judge of the United States District Court, Southern District of California, for the 2012 pro bono representation of a client seeking damages for violation of his civil rights pursuant to 42 U.S.C. 1983, including taking the case through jury trial.

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