Henry Heater

Henry Heater

Attorney Henry Heater was one of the founding members of Allen Semelsberger & Kaelin, LLP in 1987. His approach to litigation is complex and thorough, and he covers a variety of practice areas including:

  • Business disputes
  • Antitrust
  • Construction defect
  • Flooding
  • Toxic torts
  • Inverse condemnation
  • Regulatory takings
  • Appellate

Henry pioneered the use of failure-to-maintain (habitability) lawsuits against mobile home park owners in 1985, recovering $4.2 million for park residents in Agee v. Palmar. Since then, he has tried multiple failure-to-maintain cases, receiving a number of multimillion dollar verdicts. In 1985, Henry also successfully defended the first legal challenge to a California mobile home rent control ordinance. Since then, Henry has gone on to represent numerous cities and counties in successfully defeating challenges to their mobile home rent control ordinances. In addition, he has represented mobile home park residents with respect to park closings, and defended legal challenges to several mobile home park closure and conversion ordinances.

Henry has written and spoken extensively on mobile home park issues. He has taught a National Consumer Law course in mobile home law and was selected by the National Business Institute to teach a nationwide continuing legal education course to lawyers on manufactured housing issues. Henry has testified before the California Legislature on pending mobile home legislation on behalf of both the Golden State Manufactured-home Owners League (GSMOL) and the California Trial Lawyers Association.

Henry received a Bachelor of Science from the United States Air Force Academy in 1973. In 1981, he received a Juris Doctor from the University of San Diego School of Law where he was editor in chief of the San Diego Law Review. He has been named one of San Diego’s Best Lawyers by San Diego magazine and one of Southern California’s Top Lawyers by the Los Angeles Times.

Areas of Practice:

Qualifications:

Bar Admissions:

California, 1981
U.S. Federal Court, 1985
U.S. Supreme Court, 1985

Education:

  • J.D., University of San Diego School of Law, San Diego, California, 1981
  • M.S., Troy State University, European Division, 1978
  • B.A., United States Air Force Academy, Colorado Springs, Colorado, 1973

Representative Cases:

Ninth Circuit Court of Appeal

  • Stardust Mobile Estates, LLC v. City of San Buenaventura, 2005 U.S. App. LEXIS 15774 (9th Cir. 2005)
  • Vista De Santa Barbara Associates v. City of Carpinteria, 2005 U.S. App. LEXIS 15778 (9th Cir. 2005)
  • Cashman v. City of Cotati, 374 F.3d 887 (9th Cir. 2005)
  • Ventura Mobilehome Community Owners Ass’n v. City of San Buenaventura, 371 F.3d 1046 (9th Cir. 2006)
  • Los Altos El Granada Investors v. City of Capitola, 2004 U.S. App. LEXIS 4941 (9th Cir. 2004)
  • Montclair Parkowners Ass’n v. City of Montclair, 264 F.3d 829 (9th Cir. 2001)
  • Mission Oaks Mobilehome Park v. City of Hollister, 989 F.2d. 359 (9th Cir. 1993)

California Supreme Court

  • Torrent Bell Property, LLC v. Superior Court, 51 Cal. 4th 538 (2011)
  • City of Cotati v. Cashman, 29 Cal. 4th 69 (2002)

California Court of Appeal

  • Adams v. MHC Colony Park Limited Partnership, 224 Cal. App. 4th 601 (2014)
  • Abaya v. Spanish Ranch I, L.P., 189 Cal. App. 4th 1490 (2010)
  • Manufactured Home Communities, Inc. v. County of San Luis Obispo, 167 Cal. App. 4th 705 (2008)
  • Stardust Mobile Estates v. City of San Buenaventura, 147 Cal. App. 4th 1170 (2007)
  • Los Altos El Granada Investors v. City of Capitola, 139 Cal. App. 4th 629 (2006)
  • City of Cotati v. Cashman, 90 Cal. App. 4th 796 (2001), aff’d, 29 Cal. 4th 69 (2002)
  • Riverside County Community Facilities Dist. v. Bainbridge 17, Ltd., 77 Cal. App. 4th (2000)
  • Montclair Parkowners Ass’n v. City of Montclair, 76 Cal. App. 4th 784 (1999)
  • Community Facilities Dist. v. Harvill, 74 Cal. App. 4th 876 (1999)
  • Service America Corp. v. County of San Diego, 15 Cal. App. 4th 1232 (1993)
  • Freeport-McMoran Res. Partners v. County of Lake, 12 Cal. App. 4th 634 (1993)
  • Esbensen v. Userware Int’l Inc., 11 Cal. App. 4th 631 (1992)
  • Oceanside Mobilehome Park Owners’ Ass’n v. City of Oceanside, 157 Cal. App. 3d 887 (1984)

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