Experience

David J. Weiland is a partner in the firm and is the head of the firm’s litigation department.  David joined the firm in 2014 and was admitted to practice in 1992.  He is a graduate of California State University, Fresno, where he received a degree in civil engineering.  He received his JD from San Joaquin College of Law, where he served as the Managing Editor of the San Joaquin Agricultural Law Review.  Prior to joining the firm, David served as a partner, member of the Board of Directors, President and chair of the litigation department of the Fresno firm Dowling Aaron Incorporated.  David, a registered civil engineer, represents clients in complex commercial, construction, real estate, professional liability defense, tort defense, as well as municipal law, real estate transactions, and land use matters.  David is experienced in all phases of real estate and construction litigation and public agency law.  He also has significant experience in the defense of professional liability claims against design professionals and attorneys.  David previously served as the City Attorney for the cities of Sanger and Mendota.  He also serves as an arbitrator privately and with the American Arbitration Association as well as a mediator.  He attended the Straus Institute for Dispute Resolution for ADR training.  David has been named a Super Lawyer® by Thomson Reuters from 2009 to 2014 and holds an AV®-preeminent rating from Martindale Hubbell.  David is a member of the American Bar Association (Member: Construction Law Forum), Fresno County Bar Association (Member: Real Estate, Construction and Litigation sections), Association of Business Trial Lawyers, Legal Advisory Committee of the Associated General Contractors, Association of Defense Counsel of Northern California and Nevada, affiliate member of the American Council of Engineering Companies and is a life member of the American Society of Civil Engineers. He also serves on the Board of Trustees of San Joaquin College of Law and serves as a Judge Pro Tempore for the Fresno and Merced Superior Courts.

Honors and Awards

  • Northern California Super Lawyer®, 2009 to present (Thomson Reuters)
  • AV®-Preeminent rating (Martindale Hubbell)
  • Board of Trustees, San Joaquin College of Law
  • Former member, Board of Trustees and President (1996), Fresno State Bulldog Foundation

Significant Cases

  • Represented a large corporation in defense of a superior court shareholder lawsuit resulting in a complete dismissal of the case. 
  • Represented multiple franchisees in superior court lawsuit against their franchisor reesulting in a significant verdict, including attorney's fees, following a five-week jury trial and subsequent appeal. 
  • Represented a national telecommunications company in defense of a superior court lawsuit by a customer injured in a slip and fall at a shopping mall kiosk resulting in a favorable verdict following a jury trial. 
  • Represented a regional financial institution in a superior court lawsuit against the guarantors of a residential development loan resulting in recovery of significant assets in repayment of the defaulted loan. 
  • Represented an architect in defense of a personal injury lawsuit arising out of the design and construction of an elementary school resulting in a settlement for no liability or indemnity payment on the part of the architect. 
  • Represented an architect in arbitration defending a design defect claim arising out of the design and construction of a school gymnasium resulting in an award of less than 1% of the claimed damages. 
  • Represented over 150 design professionals, realtors and attorneys in defense of professional malpractice claims. 
  • Represented a general contractor in a federal court lawsuit against the Internal Revenue Service for the recovery of significant payroll tax penalties resulting in a total recovery of the penalties plus interest.