Our California Offices
cube image
Solving legal
problems for
our clients
since 1950

Attorney Information

Attorney DAVID J. FRANKENBERGER, JR.

Location
2440 West Shaw Avenue, Suite 101
Fresno, CA  93711-3300
T: 559.449.2600
F: 559.449.2603

V-Card

Bank of America Building
1430 Truxtun Ave., 5th Floor
Ste. 520
Bakersfield, CA  93301
T: 661.663.5080
F: 661.663.5089

Practice Groups
Construction
Healthcare
Real Estate
Toxic Torts

Admitted to Practice
– All courts in the State of California
– U.S. District Court, Eastern, Central and Southern Districts of California
– U.S. Court of Federal Claims

Education
J.D., California Western School of Law, San Diego, 1995
B.A., University of California at Santa Barbara, 1993

Presentations and Articles
– "Construction Risk Management/Dispute Avoidance"
– "Construction Defects Seminar"
– "Non-Engagement Letters" appeared in the February, 2011, issue of For the Defense, a Defense Research Institute publication.
– Presented seminar on auto insurance to private client, with Mark Kiefer and Cynthia Soliman, February, 2011.
– MC2 Conference, September 2013, San Diego, California
– West Coast Casualty Conference, May 2014, Anaheim, California
– NBI, Human Resource Law from Start to Finish, December 2014
– Joint and Several Liability: Impact on Equitable Contribution, Defense Research Institute, Trial Tactics Magazine, Fall 2016
– California Supreme Court Grants Review of 5th District SB 800 Decision, January 2016
– How to “Win” Your Deposition—Southern California Association for HealthCare Risk Management, May 3-5, 2017 

 

DAVID J. FRANKENBERGER, JR., Managing Partner

Dave is the Managing Partner of the Fresno and Bakersfield offices. He is AV® Peer Review Rated by Martindale-Hubbell and is a member of Ericksen Arbuthnot's Board of Directors. He has also been recognized by Thompson Reuters as a Super Lawyer for the years 2016 and 2017. Dave is a member of the Construction, Healthcare, Toxic Tort and Product Liability practice groups.

Dave's practice includes complex state court and federal court litigation involving professional liability/errors and omissions defense; MVA accident defense; trucking defense; personal injury; premises liability; product liability, and construction defect liability for both subcontractors and developers. In addition he defends healthcare matters, including claims against doctors, nurses, chiropractors and dentists. His products liability experience includes cases for manufacturers, distributors and retailers. Over the course of his career, Dave has successfully tried numerous matters to jury verdict, including jury trials in both state and federal court, including six jury trials to verdict in the past three years.

Dave recently obtained a defense verdict in a construction defect/crane operator negligence case involving a commercial warehouse (mattress factory). Plaintiffs sought $1.345 million, claiming that defendant's operation of its 150 ton crane on the mattress factory warehouse floor caused/contributed to substantial damage to the concrete floor. Dave argued that there was no negligence on the part of the crane operator. The jury agreed and awarded a defense verdict. Dave also prevailed on a cross-complaint against Caltrans following a 7-week jury trial in San Bernardino County, in July 2012.

Dave has also written articles on Construction Risk Management/Dispute Avoidance and one for the Defense Research Institute’s publication Defense Ethics and Professionalism, titled “Prevent Costly Misunderstandings: Non-Engagement Letters.” He has given a number of presentations, including at MC2's Annual West Region Construction Defect & Insurance Coverage Conference in San Diego, California in 2013 and 2015 and the Annual West Coast Casualty Conference in Anaheim, California in 2014. Dave has just been named the 2017 Fresno County Bar Association's Construction Law Chair.

Dave served as an associate attorney for several large insurance defense firms in Los Angeles before relocating to Fresno and joining Ericksen Arbuthnot in 2002.

He is a member of the California State Bar Association, American Bar Association, the Fresno County Bar Association, the Claims and Litigation Management Alliance and the Southern California Association for Healthcare Risk Management (SCAHRM). He is a former member of the American Inns of Court, Santa Barbara County Chapter. Dave served as an extern/law clerk for the Honorable Louise de Carl Adler, U.S. Bankruptcy Judge, Southern District of California.

A native of New Jersey, Dave has lived in California for more than 30 years. He played varsity basketball in high school and ran cross country in college, and is currently an avid golfer and sports fan.