David W. Berry

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David Berry attorneyThe Berry in Berry & Fritzinger, P.C. is David Berry, a man who is at his best in the courtroom.  Widely recognized as a gifted advocate for his clients, David has successfully tried complex cases involving real estate, business transactions, construction defects, and probate matters in his illustrious career.  For David, solving a client’s problem is only one aspect of his job.  He also provides long-term counsel and actionable strategies his clients can benefit from as they do business in the future.

Though David is at his best in the courtroom, his primary objective is solving his client’s legal challenges quickly and effectively.  He’s committed to providing the kind of collaborative and innovative counsel that supports the goals of his clients while striving to identify the ideal solution for their specific issue.  If trying the case is in the client’s best interests then that’s what he’ll do, but he’s just as willing to find a creative settlement if that’s the better course.


United States District Court, Northern District of California
United States District Court, Southern District of California
U.S. Court of Appeals for the Ninth Circuit


University of California, Hastings College of the Law (J.D., 1995) Hastings Law Journal, Member.

University of California, Berkeley (B.A., 1992; Recipient of the Student Life Achievement Award,

Professional Highlights


Northern California Rising Star, which identifies Mr. Berry as one of the top trial attorneys in Sonoma County, as selected by Super Lawyers, 2009 and 2010.

Who’s Who in Law. North Bay Business Journal, published on March 29, 2010.

Leadership Santa Rosa graduate, 2009.  This is a year-long educational program for selected community leaders and is intended to develop and equip class members via exposure to pertinent issues, broad thinkers and the richness of Santa Rosa and Sonoma County.

Forty under 40 recipient.  Selected by North Bay Business Journal as one of the forty exceptional business leaders under forty years of age in Sonoma, Marin, and Napa Counties.


Presenting Evidentiary Exhibits, Seminar on February 9, 2017, presented with Hon. Arthur A. Wick at the Sonoma County Bar Association.

Getting it Admitted into Evidence, Seminar on March 12, 2015, presented with Hon. Gary Nadler at the Glaser Center.

Offers of Judgment: CCP § 998, Seminar on December 11, 2013, presented at the Sonoma County Bar Association.

Real Property Update, Seminar on August 15, 2013, presented at the Sonoma County Bar Association.

Eminent Domain and You, Seminar on June 10, 2013, presented at the Sonoma County Bar Association.

Real Property Update, General Issues. Seminar on May 30, 2012, presented at the Sonoma County Bar Association.

Show Me the Money: Hot Issues in Construction Defects. Seminar on April 27, 2012, presented at the Sonoma County Bar Association.

Real Property Update, Adverse Possession. Seminar on March 26, 2010, presented at the Sonoma County Bar Association.

Real Property Update: Foreclosure. Seminar on March 15, 2010, presented to the Sonoma County Legal Secretary Association.

Evidence Code § 1119: What You Don’t Know About It Will Hurt You. Presented with Hon. William Bettinelli on February 26, 2009.

Law of Easements: Legal Issues and Practical Considerations in California. Day-long seminar presented with three other experts in 2007 and 2008.


998 May Change Your Case’s Fate. Published by David W. Berry in the 2014 Summer issue of The Bar Journal.

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 published in NorthBay Biz magazine, June 2006.

Asserting Your Rights In A Neighborly Way.  Published in the Business Section of the Press Democrat, June 19, 2006.

Results Delivered

Obtained a $5.8 million dollar settlement for a winery that had defects in its tasting room, production facility and cave.

Defended client who settled $31 million claim for wrongfully shutting down planned giving program for major Los Angeles nonprofit for less than $1 million.

Defended client who settled a breach of contract claim for a 710 acre Kern County carrot farm for pennies on the dollar, after successfully moving to compel psychiatric records.

Won real estate trial by proving adverse possession of portion of commercial property in the city of Santa Rosa, based partly upon ambiguous handwritten deed from 1871.

Won breach of oral contract jury trial case, including requirement that opponent pay all of David’s client’s lawyer fees and costs.

Won easement trial by proving location and use of easement road built in 1928, including requirement that opponent pay David’s client’s lawyer fees and costs.

Won overburdening of easement trial by proving that opposing party misused easement and had to terminate many uses of the easement.

Obtained multimillion dollar settlement payment for company that had been sued by the County of Sonoma, and others, for about $12 million.

Obtained construction defect settlement for local school that reimbursed the client for the entire $6 million cost of repair and lawyer fees/costs.

A wise man once said, “Resilience is woven deeply into the fabric of Oklahoma.  Throw us an obstacle and we grow stronger.”  With a long and storied family history in Oklahoma that predates statehood, David is lucky to call Tulsa his birthplace and home during his formative years.  He carries his Oklahoma roots with him everywhere he goes – including a court of law – and they’ve served him well throughout his stellar career.

Anyone who knew David growing up, or who knows him today, wouldn’t be surprised to learn that he enjoyed arguing – with his friends, his parents, and his classmates.  That passion led him to the University of California at Berkley where he majored in Rhetoric.  It was this passion – this lifelong passion – that created the unstoppable advocate we know today.  When David takes up a cause, he always does so wholeheartedly with vigor, with passion, and with conviction.

David again showed his inner strength and resolve – the very traits that make him such an amazing advocate for his clients – when his family home was destroyed by the Tubbs Fire in 2017.  As survivors, he and his wife, Liz Berry, were determined to take back their home and their lives after such a devastating tragedy.  They knew it would be a long, tough road, but were not cowed by the prospect of hard work and committed to the Santa Rosa community they call home.

David and Liz are the proud parents of a daughter and son and together the Berry Family has overcome one of the greatest obstacles imaginable.  They have literally risen from the ashes of the Tubbs Fire to rebuild a better life among their friends and neighbors.  David’s determination to conquer any obstacle makes him a formidable opponent, a tireless advocate, and an overall amazing asset to the Santa Rosa community.