David Brnilovich


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 40 years.


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 40 years. He has substantial legal experience with business clients in the areas of real estate, construction, corporate governance, small business formation, and succession planning.


Admitted to Practice

  • Arizona (1980)
  • Pennsylvania (1979)(Inactive)

Court Admission

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

Representative Experience

  • Mediated a forced buyout of membership interest in a manufacturing business
  • Negotiated buyout of a member in a commercial equipment company
  • Negotiated and documented the acquisition of a membership interest in an Arizona based title company
  • Represented sellers of insurance agencies’ assets
  • Represented sellers of commercial real estate properties with national companies as tenants
  • Represented clients in the acquisition of shopping centers
  • Assisted clients with the sale of an industrial building
  • Represented sellers in the sale of tract of commercial land with freeway frontage
  • Worked with clients and the firms’ Intellectual Property department to obtain patents from the USPTO
  • General representation of local restaurant group
  • 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. The 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
  • 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 the 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)

Media and Presentations



  • “Highlights of Arizona’s New Limited Liability Act,” Entrepreneurial CPA Network (December 2, 2020)
  • “The New Arizona Limited Liability Company Act (ALLCA),” West USA Realty (August 2019)


City of Peoria Judicial and Public Defender Advisory Board 

  • Chairman (present – 2023)

State Bar of Arizona 

  • Former Member, Consumer Protection Committee

State Bar of Pennsylvania

  • Former Member

West Maricopa County Bar Association 

  • Member, Board of Directors
  • Past President
  • Former Treasurer, Board of Directors 

Western Maricopa Coalition (WESTMARC)

  • Member

North Valley Chamber of Commerce

  • Member, Economic Development Committee
  • Past President
  • Former Member, Board of Directors

Glendale Chamber of Commerce

  • Former Member

Maricopa County Justice Courts

  • Judge Pro Tempore (1991 – 1994)

Community Involvement

Arrowhead Community Bank

  • Former Member, Board of Directors

City of Glendale

  • Former Member, Bond Committee

City of Peoria

  • Member, Planning and Zoning Commission (2003 – 2004)

Deer Valley Education Foundation

  • Former Member

Deer Valley Planning Committee

  • Member (1981 – 1985)

Deer Valley School District

  • Former Member, Budget Committee

Glendale Industrial Development Authority

  • Member, Board of Directors (1994 – 2000)
  • Former Treasurer
  • Former Member, Bond Committee

Glendale/Peoria YMCA

  • Former Member, Board of Managers

Interfaith Community Care

  • Former Member, Board of Directors

Leadership West

  • Graduate, Class VIII

Honors and Awards