Tim Hutter - Biography | San Diego - Allen Matkins

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San Diego

T(619) 235-1510

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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

Services

• Litigation & Counseling

• Construction Litigation

• Real Estate Disputes

• Land Use

Industries

• Residential & Multifamily

• Shopping Center, Retail & Mixed-Use

• Construction

• Real Estate

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

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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.

Tim’s construction practice includes commercial and residential projects, including defect actions, lien claims, delay claims, and non-disclosure claims in purchase and sale disputes. Tim primarily represents owners and developers of construction projects, but represents both plaintiffs and defendants.

Community Activities

• City of San Diego's Historical Resources Board (appointed by Mayor Kevin Faulconer and confirmed by City Council in July 2016; re-appointed by Mayor Todd Gloria and confirmed by City Council in April 2022); Board Vice Chair since March 2017
• Life Choices Pregnancy Center, Poway, California, Member of Board of Directors
• Allen Matkins Community Outreach Committee
• Yale Latino Alumni Association, Member of Latino Alumni Prize Committee (2015)
• Yale Alumni Schools Committee, Member

Accolades

• Named to San Diego Business Journal’s “Leaders In Law” (2019, 2021-2022)
• Selected for inclusion in The Best Lawyers in America (2022-2024)
• Selected for inclusion in Super Lawyer's San Diego Rising Stars (2022-2024)
• Named to The Daily Transcript’s 40 under 40 (2017-2020)
• Named to Real Estate Forum Magazine's 50 under 40 (2019)
• Recipient of Connect Media’s Next Generation Award (2019)
• Building Industry Association of San Diego Icon Award Winner – BIA Associate of the Year (2016, 2018)
• Named to San Diego Business Journal's Next Top Business Leaders Under 40 (2018)
• Named to San Diego Metro's San Diego's Best Attorneys (2018)
• Named to San Diego Metro's 40 under 40 (2017 & 2018)
• Named to The Daily Transcript’s Top 50 Influential Leaders in San Diego (2018)

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Tim’s construction practice includes commercial and residential projects, including defect actions, lien claims, delay claims, and non-disclosure claims in purchase and sale disputes. Tim primarily represents owners and developers of construction projects, but represents both plaintiffs and defendants.

Community Activities

• City of San Diego's Historical Resources Board (appointed by Mayor Kevin Faulconer and confirmed by City Council in July 2016; re-appointed by Mayor Todd Gloria and confirmed by City Council in April 2022); Board Vice Chair since March 2017
• Life Choices Pregnancy Center, Poway, California, Member of Board of Directors
• Allen Matkins Community Outreach Committee
• Yale Latino Alumni Association, Member of Latino Alumni Prize Committee (2015)
• Yale Alumni Schools Committee, Member

Accolades

• Named to San Diego Business Journal’s “Leaders In Law” (2019, 2021-2022)
• Selected for inclusion in The Best Lawyers in America (2022-2024)
• Selected for inclusion in Super Lawyer's San Diego Rising Stars (2022-2024)
• Named to The Daily Transcript’s 40 under 40 (2017-2020)
• Named to Real Estate Forum Magazine's 50 under 40 (2019)
• Recipient of Connect Media’s Next Generation Award (2019)
• Building Industry Association of San Diego Icon Award Winner – BIA Associate of the Year (2016, 2018)
• Named to San Diego Business Journal's Next Top Business Leaders Under 40 (2018)
• Named to San Diego Metro's San Diego's Best Attorneys (2018)
• Named to San Diego Metro's 40 under 40 (2017 & 2018)
• Named to The Daily Transcript’s Top 50 Influential Leaders in San Diego (2018)

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.

• Breaking Down Barriers to Move Towards the Goal of Affordable Housing

  IMN 8th Annual Build-to-Rent, Land & Homebuilding Forum (West)

  9.13.21

• Workforce Housing: Putting the Pieces Together & Making The Numbers Pencil

  IMN Workforce Housing Virtual Forum

  3.25.21

• Retail Leasing in the Time of COVID: Treading Water Until We Get to the Other Side

  Crocker Commercial Real Estate SymposiumLACBA

  11.12.20

• Addressing Affordable & Mixed Income Housing: Designing, Financing & Navigating Policy

  Los Angeles, California

  7.17.19

• Bisnow's State of San Diego Multifamily

  San Diego California

  11.15.18

• ACC Real Estate Roundtable: Exploring Housing Shortage Solutions and How They Will Help Companies Attract and Retain Employees

  San Diego, California

  3.23.18

• Bisnow’s Word on the Beach: San Diego State of the Market

  San Diego, California

  1.25.18

• IMN’s 5th Annual Real Estate Private Equity Forum on Land & Homebuilding (West)

  Las Vegas, Nevada

  9.28.17

• Bisnow's San Diego Construction & Development Forum

  San Diego, California

  6.29.17

• ULI Roundtable Discussion: Leveraging Under-Utilized Land

  San Diego, California

  2.01.17

• Bisnow's State of San Diego’s Multifamily Market

  San Diego, California

  10.19.16

• Building Industry Association of San Diego Annual Installation Dinner

  San Diego, California

  1.23.16

• BIA San Diego’s President’s Council

  San Diego, California

  3.10.15

• Briefing on 2019 Housing Legislation

  See Locations Below

  See Dates Below

• LAI San Diego Honors Ernest Rady at 2024 Crystal Globe Award and Installation Gala

  Timothy M. Hutter Named 2024 LAI San Diego Chapter President

  Press Mention

  2.06.24

• 38 Allen Matkins Partners Recognized in 2024 Edition of The Best Lawyers in America®; Keith Bishop, Jeff Chine, and Val Hoy Named ‘Lawyers of the Year’; 16 Additional Lawyers Named to ‘Ones to Watch’ List

  Press Release

  8.17.23

• 28 Allen Matkins Lawyers Named 2023 Super Lawyers and Rising Stars

  Press Release

  6.30.23

• Tim Hutter and Heather Riley Named to San Diego Business Journal’s ‘Top 100 Leaders in Law’

  Press Mention

  10.26.22

• 40 Allen Matkins Partners Recognized in 2023 Edition of The Best Lawyers in America®; Dwight Armstrong, Jeff Chine, Val Hoy, and Sandi Nichols Named ‘Lawyers of the Year’; 13 Additional Attorneys Named to ‘Ones to Watch’ List; Firm Receives National Tier 1 Rankings

  Press Release

  8.19.22

• California's Density Bonus Law

  By Timothy M. Hutter in Western Real Estate Business

  Article

  7.12.22

• 33 Allen Matkins Attorneys Named 2022 Super Lawyers and Rising Stars

  Press Release

  7.08.22

• Developer Sues Encinitas Over Effort to Block Development

  Timothy M. Hutter and Rebecca Williams in the Daily Journal

  Press Mention

  2.03.22

• Thirty-Six Allen Matkins Attorneys Recognized in 2022 Edition of The Best Lawyers in America®; David Cooke Named ‘Lawyer of the Year’; Emily Feder Named to ‘Ones to Watch’; Firm Receives National Tier 1 Rankings

  Press Release

  11.04.21

• Governor Signs Density Bonus Law Clean Up Legislation

  9.29.21

• Calif. Density Law May Spur More Affordable Housing

  Spencer B. Kallick and Timothy M. Hutter in Law360

  Press Mention

  1.19.21

• Despite Limited Success for Housing Bills in the 2020 Legislative Session, 2021 Should Present Opportunities For Developers

  12.21.20

• Encinitas Wants to Exempt Itself From New State Density Law

  Timothy M. Hutter in the Voice of San Diego

  Press Mention

  12.11.20

• Real Estate USA: California

  Lexology

  Article

  10.01.20

• Top Forty Under Forty

  Timothy M. Hutter in The Daily Transcript

  Press Mention

  9.09.20

• Continued Housing Demand Minimizes Multi-Family Market Downturn

  7.29.20

• Office Rents Will Likely Drop — But Not Apartment Rents, Survey Finds

  John M. Tipton and Timothy M. Hutter in the Los Angeles Times

  Press Mention

  7.29.20

• Tenant Protection Act Can Affect Landlords in Two Ways

  Timothy M. Hutter in GlobeSt

  2.03.20

• 50 Under 40: The Best and Brightest Professionals of the Next Generation

  Timothy M. Hutter in Real Estate Forum Magazine

  Press Mention

  10.11.19

• Governor Newsom Signs Tenant Protection Act of 2019: What Residential Landlords Need to Know About the Capped Rent Increases and New Eviction Protocols

  10.08.19

• Next Generation Honoree: Allen Matkins’ Timothy Hutter Fights for Affordable Housing, Historic Preservation

  Timothy M. Hutter in Connect CRE News

  Press Mention

  8.15.19

• State Law Prevails Over Slow-Growth Vote in Encinitas

  Timothy M. Hutter in California Planning & Development Report

  Press Mention

  12.24.18

• Encinitas Asks Judge to Implement Measure U as Legal Solution

  Timothy M. Hutter in The Coast News Group

  Press Mention

  11.29.18

• High Costs, Slow Rent Growth Squeezing San Diego Multifamily Market

  Timothy M. Hutter in Bisnow San Diego

  Press Mention

  11.29.18

• Judge may Allow Encinitas to Adopt Housing Plan Without Voter Approval

  Timothy M. Hutter in The San Diego-Union Tribune

  Press Mention

  11.29.18

• Judge May Soon Order Encinitas to Comply With State Housing Law

  Timothy M. Hutter in The San Diego Union-Tribune

  Press Mention

  11.16.18

• A Judge Considers Stepping in After Encinitas Failed – Again – to Pass a Housing Plan

  Timothy M. Hutter in Voice of San Diego

  Press Mention

  11.14.18

• Encinitas Faces Court Order, Assuming Measure U Failed

  Timothy M. Hutter in KPBS

  Press Mention

  11.14.18

• Judge Suggests Mediation, Orders Encinitas Back to Court on Nov. 28

  Timothy M. Hutter in The Coast News Group

  Press Mention

  11.14.18

• 50 Influential Leaders in San Diego

  Timothy M. Hutter in The Daily Transcript

  Press Mention

  9.05.18

• Congratulations San Diego Next Top Business Leaders Under 40

  Timothy M. Hutter in the San Diego Business Journal

  Press Mention

  8.27.18

• Top 40 Under 40

  Timothy M. Hutter in The Daily Transcript

  Press Mention

  5.16.18

• Allen Matkins Elects Timothy Hutter and Kamran Javandel to Partnership

  New Partners are Based in the Firm’s San Diego and San Francisco Offices

  Press Release

  5.02.18

• Housing Lawsuits Against Encinitas Get Court Hearing Monday

  Timothy M. Hutter in KPBS

  Press Mention

  4.30.18

• Judge Gives Encinitas More Time to Come up With State-mandated Housing Plan

  Timothy M. Hutter in The San Diego Union-Tribune

  Press Mention

  4.30.18

• San Diego's Best Attorneys 2018

  Jeffrey A. Chine, Timothy M. Hutter and Heather S. Riley in San Diego Metro

  Press Mention

  4.17.18

• Whole Lotta Housing Love

  Timothy M. Hutter in San Diego CityBeat

  Press Mention

  3.07.18

• San Diego's Developers Look To Downtown And The South Bay For Growth

  Timothy M. Hutter in Real Estate Bisnow San Diego

  Press Mention

  2.01.18

• Implications Of “Repair Act” Decision On Developers

  Timothy M. Hutter in GlobeSt

  Press Mention

  1.23.18

• California Supreme Court Affirms SB800 as Sole Remedy for Construction Defect Claims without Personal Injury

  1.18.18

• California Building Owners and Contractors: Act before January 1, 2018, to Minimize Risks of Non-Paying Subcontractors

  10.17.17

• 2017 40 Under 40 Awards

  Timothy M. Hutter in San Diego Metro

  Press Mention

  9.18.17

• Top 40 Under 40

  Timothy M. Hutter in The Daily Transcript

  Press Mention

  4.19.17

• AB 2501: Updates to Density Bonus Law

  By David H. Blackwell and Timothy M. Hutter in the Daily Journal

  Article

  1.18.17

• The Ups And Downs Of Developing Multifamily Projects In San Diego

  Timothy M. Hutter in Real Estate Bisnow San Diego

  Press Mention

  10.25.16

• BIA Hands Out Icon Awards

  Jeffrey A. Chine and Timothy M. Hutter in The Daily Transcript

  Press Mention

  10.06.16

• California Governor Signs Four Bills Affecting Density Bonus Projects

  9.29.16

• Allen Matkins Attorneys Jeff Chine and Tim Hutter Honored At Building Industry Association’s 2016 Icon Awards

  The Icon Awards Recognize the Building, Trade and Design Industries’ Most Outstanding Contributors

  Press Release

  9.20.16

• Evolving Home-Sharing Market Prompts a Variety of Local Regulations

  12.21.15

• Evolving Home-Sharing Market Prompts a Variety of Local Regulations

  12.17.15

• The Evolving Home-Sharing Market Prompts a Variety of Local Regulations

  By Joshua A. del Castillo, Tim C. Hsu and Timothy M. Hutter in Western Real Estate Business

  Article

  12.15.15

• Right To Repair's Fate In Calif. Building Defect Claims

  By Valentine S. Hoy and Timothy M. Hutter in Law360

  Article

  9.11.15

• McMillin Albany, LLC v. Superior Court Rejects Reasoning and Outcome of Liberty Mutual on SB800

  8.28.15

• Density Bonus Law Changes Could Scare Off Developers

  David H. Blackwell and Timothy M. Hutter in The Daily Transcript

  Press Mention

  12.02.14

• AB 2222 Restricts Use of State Density Bonus Law

  9.30.14

• Allen Matkins Attorney Timothy Hutter Named Building Industry Association's 'Rookie of the Year'

  Press Release

  9.23.14

• No Place Like Home

  Timothy M. Hutter in the Attorney Journal

  Press Mention

  1.31.14

• California Court of Appeal Opens the Door for Construction Defect Claims Outside of SB800

  9.03.13

• Timothy M. Hutter Named a 2012 Top Young Attorney by The Daily Transcript

  12.18.12

• The Daily Transcript Congratulates Young Attorneys 2012

  Timothy M. Hutter in The Daily Transcript

  Press Mention

  12.13.12

• Brown Bag Lunch: Inside the Courtroom of Judge Timothy B. Taylor

  By Timothy M. Hutter in the Association of Business Trial Lawyers San Diego report

  Article

  10.01.12

• Supreme Court Reverses CC&R Trend; Compels Arbitration of Construction Defect Claim

  By Valentine S. Hoy and Timothy M. Hutter in The Daily Transcript

  Article

  9.06.12

• Pinnacle: The Latest on the Enforceability of Arbitration Clauses

  By Valentine S. Hoy and Timothy M. Hutter in Daily Journal

  8.22.12

• Developers Earn Major Victory in California Supreme Court Regarding Enforcement of Arbitration Provisions in CC&Rs

  8.16.12

• For Housing Developers Seeking Enforcement of ADR Provisions, the Line Forms at the Rear

  7.30.12

• Ruling Takes Insurers To Task For Untimely Responses

  By Valentine S. Hoy and Timothy M. Hutter in Daily Journal

  1.05.12

• Ruling Takes Insurers To Task For Untimely Responses

  By Valentine S. Hoy and Timothy M. Hutter in the Daily Journal

  Article

  1.05.12

• California Court of Appeal Ruling on Insurance Coverage Issue Favors Policyholder: Tender Claims Early And Protect Your Right To A Complete Defense

  This alert applies to companies facing litigation in which there may be insurance coverage.

  12.01.11

• California Court of Appeal Issued Another Decision Invalidating an Alternative Dispute Resolution Provision in CC&Rs

  This alert applies to any company that develops, constructs or sells residential housing in California.

  11.17.11

• California Court of Appeal Rejects Insurance Company's Attempt to Cap and Arbitrate Damages

  4.01.10

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