Henry E. Heater

Henry E. Heater is a founding partner in the firm. His practice encompasses complex litigation in diverse areas including: business disputes, antitrust, construction defect, flooding, toxic torts, inverse condemnation and regulatory takings. He also has an extensive appellate practice.

Recently he obtained a multi-million dollar jury verdict against the County of Riverside on behalf of industrial property owners who were defrauded in connection with the formation of a Mello-Roos Community Facilities District. He has represented numerous cities as special counsel in defending city ordinances against regulatory takings claims, including the cities of: Oceanside, Escondido, Hollister, Montclair, Rancho Mirage, Cotati and Watsonville. He also has successfully defended a multi-million dollar challenge of the County of Riverside's tax assessment of a geothermal energy company's mineral resource. In the areas of construction defects and toxic torts, Mr. Heater has obtained numerous multi-million dollar jury verdicts and settlements for injured consumers.

On a number of occasions Mr. Heater has been asked to testify before the California Legislature on proposed housing legislation. He has been a panel speaker on land use issues and consumer rights and has conducted courses for the National Consumer Law Center. He is a member of the Advisory Panel for the Community Land Use Project of the Institute for Local Self Government. Mr. Heater also has been retained by other attorneys as an expert witness in legal malpractice disputes and other cases.

Mr. Heater received a Bachelor of Science degree from the United States Air Force Academy in 1973, and a Master of Science in Management in 1978 from Troy State University, European Division. In 1981, he graduated from the University of San Diego School of Law where he was Editor-In-Chief of the San Diego Law Review.

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

City of Cotati v. Cashman, 29 Cal. 4th 69 (2002)

California Court of Appeal

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)