David Brnilovich is a Member of Jennings Strouss & Salmon

David Brnilovich Member

P: 602.262.5898
F: 602.495.2666
L: Peoria

Mr. Brnilovich established roots in the western part of the Phoenix metropolitan area (referred to as the “West Valley”) in 1979 and has been representing the area’s businesses and individuals for more than 30 years.  He has substantial legal experience advising business clients in the areas of real estate, construction, corporate governance, small business formation, dissolution, purchases and asset sales.  Mr. Brnilovich’s representation of individuals includes the drafting of wills and trusts, probate, trust administration, will contests, and trust litigation.  His clients range from large national companies to small start-ups in a wide range of industries, such as engineering, manufacturing, real estate brokerage and health care.  Mr. Brnilovich is a graduate of Leadership West Class VIII and a member of the Westmarc’s Economic Development Committee.  Mr. Brnilovich is the lead attorney in the firm’s Peoria office.

Areas of Focus

  • Real Estate
  • Commercial Litigation
  • Construction and Registrar of Contractors Issues
  • General Business Transactions
  • Corporate and Partnership Matters
  • Licensing issues before the Arizona Department of Real Estate
  • Trusts, Estates, Wills and Probate

Representative Engagements

  • Represented an Arizona lender specializing in the purchase of auto financing contracts in a case against an auto dealer accused of selling fraudulent financing contracts. Representation resulted in the entire dealer inventory being seized through prejudgment remedies.
  • Successfully defended an individual selling 160 acres of West Valley real estate in a lawsuit brought by a Brazilian investor that was demanding specific performance. After trial to the Superior Court sitting without a jury, Judgment was entered in favor of our client. Plaintiff appealed to the Court of Appeals which reversed the Trial Court. A Petition for Review was granted by the Supreme Court which vacated the decision of the Court of Appeals and reinstated the favorable Judgment of the Trial Court. Quiroz v. Harvey, 220 Ariz. 273, 205 P.3d 1120 (2009).
  • Represented an engineering firm that faced allegations of defective subdivision design that caused flooding. During pretrial proceedings, it was established that the homeowner’s association could not prove liability on the part of the engineering firm and the engineering firm was dismissed from the litigation.
  • Successfully represented a widow accused of financial exploitation of the elderly by the son of her deceased husband. The probate court entered summary judgment in favor of the client. The Court of Appeals reversed the summary judgment ruling In Re Estate of Wyttenbach, 219 Ariz. 120, 193 P.3d 814 (2008) holding that where there is a conflict in the statutes, the more recent statute controls. Case was remanded to the probate court and the client was successful at trial.
  • Successfully represented a manufacturer of race car components in a lawsuit concerning the sale of a historic race car which was the first car to exceed 200 mph at the 1978 Indy 500 time trials.
  • Successfully defended the owner of a construction company against allegations of a breach of the non-compete agreement. Established that the non-compete agreement was invalid because it was too broad in time, too broad in geographic scope, and was not essential to the plaintiff’s business purposes.
  • Assisted national tool manufacturer with Arizona-related transactional and litigation matters.
  • Secured ingress and egress easements to large tracts of land on behalf of title insurance company.
  • Represented real estate agents/brokers in procuring cause matters before the Department of Real Estate.
  • Represented subdividers of 400 acres of farmland in Tonopah, Arizona in administrative proceedings before the Arizona Department of Real Estate.
  • Represented Saturn Retail of Arizona, Inc. which was owned by General Motors Corporation. Represented the four new car dealers in contract negotiations, employment matters and contract litigation.
  • Represented developers of medical office condos and medical buildings in building code issues which arose during construction, the creation of the CC&R’s and the sales of the units.
  • Represented owner in the sale of a strip mall in a retirement community. Assisted in negotiations, prepared disclosures and sales contracts.
  • General representation for custom homebuilders, including advising on issues relating to land use, zoning, contracts, disputes with subcontractors and suppliers.
  • Represented several Arizona based credit unions since 1991and out-of-state credit unions in formation of standardized contracts, compliance with Regulation Z, title issues on home loans, foreclosure matters, name change issues with the NCUA, employment issues, collection and bankruptcy matters.
  • Assisted with business dissolution proceedings for a multiple-location retail store group.
  • Provided general business representation for real estate brokerage with more than 1,000 agents.
  • Defended national auctioneer of premier houses against allegations of fraud and misrepresentations.

Published Opinions

  • Queiroz v Harvey, 220 Arizona 273

  • In re Estate of Shumway, 198 Arizona 323

  • Snap On Tools v Rice, 162 Arizona 99

  • Smith v Johnson, 183 Arizona 38

  • Douglas N Higgins, Inc v Songer, 171 Arizona 8

  • In Re Estate of Wyttenbach, 219 Ariz. 120 (2008)

  • In re Charles, 25 B.R. 331 9th Cir. B.A.P. (1982)


Digital Media


Community Activities

  • Member, Economic Development Committee, WESTMARC

  • Interfaith Community Care, Board Member
  • City of Glendale, Bond Committee, Former Member

  • Deer Valley Planning Committee, Former Member

  • Deer Valley Education Foundation, Former Member

  • Deer Valley School District, Budget Committee, Former Member

  • North Valley Chamber of Commerce, Past President and Director
  • Glendale/Peoria YMCA, Former Board of Managers

  • Glendale Industrial Development Authority, Former Board Member, Former Treasurer

  • City of Phoenix, Bond Committee, Former Member

  • Leadership West, Class VIII

  • City of Peoria Planning & Zoning Commission, Former Member

  • Glendale Chamber of Commerce, Former Member

  • Arrowhead Community Bank, Board of Directors, Former Member


Honors, Awards and Appointments

  • AV® PreeminentTM Peer Review Rated 

  • Listed, Southwest Super Lawyers® (2015 & 2016) in the category of Business Litigation

  • Listed, The Best Lawyers in America (2013-2017) in the category of Real Estate Law


Professional Affiliations

  • State Bar of Arizona
    Consumer Protection Committee, Former Member
  • State Bar of Pennsylvania
    Former Member
  • West Maricopa County Bar Association
    Past President
    Past Treasurer
    Board Member
  • Maricopa County Justice Courts
    Judge Pro Tem, 1991-1994
  • Economic Development Committee, WESTMARC
  • Interfaith Community Care
    Former Board Member
  • City of Glendale
    Bond Committee, Former Member
  • Deer Valley Planning Committee
    Former Member, 1981-1985
  • Deer Valley Education Foundation
    Former Member
  • Deer Valley School District
    Budget Committee, Former Member
  • North Valley Chamber of Commerce
    Former President
    Former Director
  • Glendale/Peoria YMCA
    Former Board of Managers
  • Glendale Industrial Development Authority
    Former Board Member, 1994-2000
    Former Treasurer
  • City of Phoenix
    Bond Committee, Former Member
  • Leadership West, Class VIII
  • City of Peoria
    Planning & Zoning Commission, Former Member, 2003-2004
  • Glendale Chamber of Commerce
    Former Member
  • Arrowhead Community Bank
    Board of Directors, Former Member

Admitted to Practice

  • Arizona, 1980

Court Admission

  • U.S. District Court, District of Arizona, 1980
  • U.S. District Court, Western District of Pennsylvania, 1979
  • U.S. Court of Appeals, Ninth Circuit, 1982

Education

  • J.D., University of Pittsburgh School of Law, 1979
  • B.S., West Virginia University, Political Science, 1975
    magna cum laude