Attorney Profile

David W. Berry

David Berry

Abbey, Weitzenberg, Warren & Emery
100 Stony Point Road, Suite 200, PO Box 1566
Santa Rosa, CA 95402-1566

Santa Rosa

California (CA)

Contact Contact David W. Berry
T: 707-542-5050
F: 707-542-2589

Visit: www.abbeylaw.com
Practice Areas: Business Litigation (40%), Construction Litigation (30%), Real Estate (30%)

Business Litigation

Construction Litigation

Real Estate

Profile

Success in the courtroom has led to recognition that David W. Berry is a trial lawyer on the rise.  He recently collected over fifteen million dollars for construction defect clients and won a challenging trial where he proved that this client owned a neighbor's land by adverse possession.  He resolves all types of business, real property, construction defect, and banking disputes.  He teaches and has published articles on real property and evidence issues.

Years of Selection

• Rising Stars: 2009 - 2010

About David Berry

Admitted: 1995, California

Professional Webpage: www.abbeylaw.com/attorneys/david-berry.php

Honors and Awards:

  • Listed in Northbay Business Journal's Who's Who In Law, published on March 29, 2010; "Forty under 40" recipient (2008), as selected by the North Bay Business Journal as one of the forty exceptional business leaders under forty years of age in Sonoma, Marin, and Napa Counties; Leadership Santa Rosa graduate (2009), which is a select year-long program of the Santa Rosa Chamber of Commerce.

Bar/Professional Activity:

  • Founder and inaugural chair of Real Property Section of the Sonoma County Bar Association (current); Sonoma County Bar Association Board member (current); Sonoma County Bar Association Education Committee member (current); Bench/Bar Committee of the Sonoma County Bar Association (prior).

Pro bono/Community Service:

  • Mr. Berry was the president of Legal Aid of Sonoma County in 2005 and a member of its Board of Directors from 2001 to 2005.   He has a long and consistent history of community service.  He provides pro bono services to individuals and non-profit organizations like West County Community Services, which provides counseling, family support, and emergency services to families living in western Sonoma County.  He was a member of the Santa Rosa Active 20-30 Club, which helps underprivileged children in the local community.

Scholarly Lectures and Writings:

  • Collaborative Law Tips for Civil Litigators, presented through the Sonoma County Bar Association on November 15, 2010; Real Property Update, Adverse Possession, presented through the Sonoma County Bar Association on March 26, 2010; Real Property Update: Foreclosure, given to the Sonoma County Legal Secretary Association on March 15, 2010; Advising Clients About Foreclosure: By the Banker, the Lawyers, and the CPA; presented with three other experts on December 7, 2009; Evidence Code section 1119: What You Don't Know About It Will Hurt You; presented with Honorable William Bettinelli on February 26, 2009; Law of Easements: Legal Issues and Practical Considerations In California; presented as day-long seminar with three other experts in both 2007 and 2008; When Your Commercial Building is a Lemon, published with W. Barton Weitzenberg and Patrick W. Emery in the Best of the North Bay issue of NorthBay Biz magazine, 2007; Buying Property Can Pose Substantial Risks, published in the Business Section of the Press Democrat, May 14, 2007; Drawing The Line, an article about property issues and rights that was published in North Bay Biz magazine, June 2006; Asserting Your Rights In A Neighborly Way, published in the Business Section of the Press Democrat, June 19, 2006.

Verdicts and Settlements:

  • Summer 2010 unanimous maximum jury verdict for client in breach of oral contract case, plus court-awarded cost-of-proof attorney fees.  $7.5 million settlement for the Santa Rosa Junior College for construction defects in its health science building.  $5.7 million settlement for owners of large industrial buildings for condensation damage caused by construction errors. $3 million settlement for condominium homeowners’ association for faulty siding.  Trial victory where client obtained title to neighbor’s property by way of adverse possession. Trial victory enabling secondary access to ten-acre hilltop property, thereby making it separately marketable as valuable estate site, upon the theory of license which neighbor was estopped from revoking. Settlement of dispute, for large payment to client, founded on claim that client owned exclusive easement in gross to provide access to a valuable plateau of property. Settlement, for pennies on the dollar, of claim for breach of contract regarding sale of a seven-hundred-acre agricultural property, after Mr. Berry won a motion to compel psychiatric records regarding the opponent’s capacity to have entered the underlying purchase agreement.  Successful defense of claim by the Mendocino County that client inadequately designed a landfill closure system for a county landfill. Successful defense of Brobeck, Phleger & Harrison of claim by the American Lung Association of Los Angeles County that law firm gave inappropriate advice to terminate a planned giving program

Educational Background:

  • University of California, Berkeley (B.A. in rhetoric, 1992); recipient of the Student Life Achievement Award, 1992.  University of California, Hastings College of the Law (J.D., 1995); Hastings Law Journal member. 
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