David J. Frankenberger, Jr.

Shareholder
Managing Partner  |   Fresno & Bakersfield

Practice Groups

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 is a newly elected member of the American Board of Trial Advocates (ABOTA). He has also been recognized by Thompson Reuters as a Super Lawyer for the years 2016, 2017 and 2018. He has also been recognized as a Best Lawyer for 2018. Recognition in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. They are recognized as the best individuals in their fields. 

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, agricultural litigation and construction defect liability for both subcontractors and developers.  In addition he defends healthcare matters, including claims against doctors, nurses, chiropractors and dentists in medical board, nursing board, and dental board matters. 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 also won defense verdicts for defendants Selma Unified School District and Raisin Country Aquatics in the case entitled, Palmer v. Selma Unified School District, et al, a “trip and fall” incident occurring on a pool deck during a USA Swimming sanctioned “age group” swim meet.

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” and the article “Joint and Several Liability: Impact on Equitable Contribution” for the fall 2016 edition of DRI’s Trial Tactics magazine. 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 will be presenting at the Gavel National Conference III January 21-23, 2019 on Defending Medical Malpractice Cases disguised as dependent care /elder abuse claims.

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 made a presentation at SCAHRM in May 2017 on “How to Win Your Deposition.” 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.

  • California Western School of Law, San Diego, J.D.
  • University of California at Santa Barbara, B.A.
  • California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, Southern District of California
  • U.S. Court of Federal Claims, District of California
  • California State Bar Association
  • American Bar Association
  • Fresno County Bar Association, 2017 Construction Law Chair
  • Claims and Litigation Management Alliance
  • Southern California Association for Healthcare Risk Management (SCAHRM)
  • American Board of Trial Advocates (ABOTA)