davidberry | Berry & Babb Law

David Berry

Trial Lawyer

From the start of his career in 1995, David has made a name for himself in the courtroom. Widely recognized as a gifted trial lawyer, he will tell you the favorite part of his job is trying a case to a jury – folks who often bemoan being picked until, after trial, they appreciate their essential role in our system. David has successfully handled and tried complex cases involving real estate, business transactions, construction defects, and probate matters.

Dispute Resolution

Although he handles other matters for clients, David’s core focus is helping businesses and individuals navigate and resolve all types of business and real estate disputes. He helps building owners and homeowners resolve disputes regarding defective construction. He represents businesses facing breaches of contract, as well as disputes regarding business sales and between owners seeking to dissolve a business. Real estate disputes might include misrepresentation claims during sales, easement claims, boundary disagreements, and claims of adverse possession.

Training

David started his career at Brobeck, Phleger & Harrison in Los Angeles. His clients included prominent families and multinational corporations with complex legal needs. He left Brobeck to pursue trial work as a deputy district attorney, where he tried many misdemeanor jury cases. In 2001, he joined the Santa Rosa law firm now called Abbey, Weitzenberg, Warren & Emery, where he continued his training as a trial attorney. He left Abbey in 2019 to start his own firm.

Counsel

Most clients come to David with disputes they cannot resolve without a lawyer. David understands that our legal system is an expensive last resort for dispute resolution. He also knows that many problems are best solved outside the courtroom. At each step of the process, David makes sure clients understand the risks and possible rewards for continuing litigation versus seeking an informal resolution. Although most of his clients initially come to him with problems to solve, many use David for long-term counsel as they navigate through business and life.

Service

As an undergraduate at U.C. Berkeley, David stopped by a local middle school one day and was connected with a woman who ran an after-school tutoring program for struggling 7th and 8th graders. Initially, he tutored students four days per week. After doing that for about a year, he created a program to help students value the role education can have later in life.

Community service in Sonoma County:

Adult Literacy League of Sonoma County, a nonprofit organization helping adults acquire literacy skills. Board member, 1999-2000.
Legal Aid of Sonoma County, a nonprofit organization helping disadvantaged individuals access the legal system. Board president, board vice president, board member, 2000-2005.
Sonoma County Bar Association, a nonprofit organization serving the community and legal professionals in Sonoma County. Board president, vice president, secretary, member, and real property section chair, 2010-2023.
Food From The Bar, a joint venture between the Sonoma County Bar Association and the Redwood Empire Food Bank to raise awareness and donations of money, food, and volunteer hours from the local legal community. Inaugural chair, 2022.
Redwood Empire Food Bank, a nonprofit organization providing food assistance in Sonoma, Lake, Mendocino, Humboldt and Del Norte Counties. Chair of the board, board member, 2022 to current.

In addition, David has taught a number of legal seminars and classes to local lawyers and members of the community.

Admissions

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

Education

University of California, Hastings College of the Law (J.D., 1995) Hastings Law Journal, Member.
University of California, Berkeley (B.A. in Rhetoric, 1992; Recipient of the Student Life Achievement Award, 1992)

Honors

Awarded “Lawyer of Distinction” 2021 Sonoma Magazine (peer-rated: based on recommendations from local attorneys)
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.

Presentations

Bench Bar Retreat: Diversity, Equity, Inclusion and Belonging in the Sonoma County Legal Community (October 7, 2022) Presented by the Sonoma County Bar Association and Co-Hosted with Hon. Arthur A. Wick
Presenting Evidentiary Exhibits, Seminar (February 9, 2017) Presented with Hon. Arthur A. Wick at the Sonoma County Bar Association
Getting it Admitted into Evidence, Seminar (March 12, 2015) Presented with Hon. Gary Nadler at the Glaser Center
Offers of Judgment: CCP § 998, Seminar (December 11, 2013) Presented at the Sonoma County Bar Association
Real Property Update, Seminar (August 15, 2013) Presented at the Sonoma County Bar Association Eminent Domain and You, Seminar (June 10, 2013) Presented at the Sonoma County Bar Association
Real Property Update, General Issues, Seminar (May 30, 2012) Presented at the Sonoma County Bar Association
Show Me the Money: Hot Issues in Construction Defects, Seminar (April 27, 2012) Presented at the Sonoma County Bar Association
Real Property Update, Adverse Possession, Seminar (March 26, 2010) Presented at the Sonoma County Bar Association
Real Property Update: Foreclosure, Seminar (March 15, 2010) Presented to the Sonoma County Legal Secretary Association
Evidence Code § 1119: What You Don’t Know About It Will Hurt You, Seminar (February 26, 2009) Presented with Hon. William Bettinelli at the Sonoma County Bar Association
Law of Easements: Legal Issues and Practical Considerations in California, Day-long Seminar (2007 and 2008) Presented with three other experts at the Sonoma County Bar Association

Publications

998 May Change Your Case’s Fate Published by David W. Berry (2014) The Bar Journal – Summer issue
When Your Commercial Building Is A Lemon Published with W. Barton Weitzenberg and Patrick W. Emery (2007) NorthBay Biz Magazine – Best of the North Bay issue
Buying Property Can Pose Substantial Risks (May 14, 2007) Press Democrat – Business Section
Drawing The Line, an article about property issues and rights (June 2006) NorthBay Biz Magazine
Asserting Your Rights In A Neighborly Way (June 19, 2006) Press Democrat – Business Section

Results Delivered

Obtained a $5.8 million dollar settlement for a winery that had defects in its tasting room, production facility and cave.
Defended a client who settled a $31 million dollar claim for wrongfully shutting down a planned giving program for a major Los Angeles nonprofit for less than $1 million dollars.
Defended a 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 a real estate trial by proving adverse possession of a portion of a commercial property in the city of Santa Rosa, based partly upon an ambiguous handwritten deed from 1871.
Won a breach of oral contract jury trial case, including client’s lawyer fees and costs.
Won an easement trial by proving the location and use of an easement road built in 1928, including client’s lawyer fees and costs.
Won an overburdening of easement trial by proving that opposing party misused easement, leading to the termination of many uses of the easement.
Obtained a multimillion dollar settlement payment for a company that had been sued by the County of Sonoma, and others, for $12 million dollars.
Obtained a construction defect settlement for a local school that reimbursed the client for the entire $6 million dollar cost of repair and lawyer fees and costs.