Biography
Elaine Fresch is a trusted advocate and go-to attorney for construction industry clients navigating high-stakes litigation and complex disputes. Recognized for her outstanding achievements, Elaine has consistently received prestigious accolades, including being named to the National Law Journal's list of Real Estate/Construction Law Trailblazers, the Daily Journal's Top 100 Women Lawyers in California, and Thomson Reuters' Top 50 Women in Southern California Super Lawyers each year since 2014. In 2024, she was honored as one of the Los Angeles Times' Legal Visionaries and named a finalist for the 2025 Outside Defense Counsel of the Year by CLM.
Elaine specializes in construction defect litigation, representing a diverse client base that includes developers, general contractors, design engineers, subcontractors, and product manufacturers. Clients commend her ability to craft strategic, cost-effective litigation plans and successfully manage joint defense agreements. While trials involving complex construction defect cases are uncommon, Elaine has successfully tried construction and commercial real estate cases in state and federal courts nationwide. Committed to delivering results that align with clients' strategic objectives, she aggressively pursues favorable settlements but remains fully prepared to advocate at trial when necessary. Additionally, Elaine has secured numerous victories through arbitration, including significant defense awards in contractual disputes.
Beyond construction defect litigation, Elaine has significant expertise defending product manufacturers against complex subrogation claims, as well as clients in general liability and construction-related accident cases.
Elaine is a respected leader within her industry. She serves on CLM's Construction Advisory Board, was a Chair of the Construction Education Subcommittee and regularly shares her insights as a sought-after speaker at national conferences hosted by prominent industry organizations. Her dedication to the legal community includes roles as a Charter Fellow of the Construction Lawyers Society of America, Senior Fellow of the Litigation Counsel of America, and a founding director of the Diversity focused Women in Construction Litigation Alliance.
Elaine's impactful contributions to the construction sector have earned widespread recognition, including a special award at West Coast Casualty's Construction Defect Seminar for her industry leadership. Her expertise and perspectives have been featured prominently in Forbes magazine and the Los Angeles Daily Journal, and she previously received the prestigious Syhre Award in recognition of her service and educational commitment to construction law.
Equine
Elaine also leads a distinguished national equine practice, uniquely positioning her among the few attorneys nationwide who combine comprehensive legal expertise with extensive, award-winning equestrian experience. An accomplished competitor herself, Elaine received the 2023 Amateur Sportsmanship Award from the United States Hunter Jumper Association. Elaine advises clients on contracts and liability releases, and litigates cases ranging from personal injury to contract disputes involving purchases, sales, and loss-of-use claims. She has represented a wide roster of clients ranging from the U.S. Equestrian Federation and international associations to professional and recreational horse owners, trainers, stables, equestrian facilities, veterinarians, and more.
Representative Experience
- Elaine successfully obtained a complete voluntary dismissal for their client, a structural steel subcontractor, in a high-exposure amputation case. The plaintiff alleged severe injuries, including a below-the-knee amputation, after a crane accident involving a defective tagline purportedly supplied by the subcontractor. Through thorough case analysis and discovery, the defense proved their client was not responsible, leading to dismissal without any payment or judgment.
- Successfully defended David Copperfield in a 7-week liability jury trial in Clark County, Nevada wherein Plaintiff alleged he was injured during his voluntary participation in one of Mr. Copperfield’s illusions at his show in Las Vegas. Recently the Nevada Supreme Court affirmed in a published opinion the jury verdict after two oral arguments by Elaine and other defense counsel.
- Successfully defended an interpretive artist against a licensee of art’s allegations of defamation, breach of contract and confidentiality in a binding JAMS arbitration wherein the client was awarded $316,547.72 in sanctions and related fees and costs due to Elaine establishing that the cross-claimant had forged a contract and had manipulated and spoliated financial records.
- Successfully defended an international construction product manufacturer in a binding JAMS arbitration brought by a national home builder regarding the contractual terms of a national purchase agreement which the builder claimed had been breached.
- Successfully settled a case brought by multiple homeowners alleging construction defects against a regional home builder wherein Elaine secured the subcontractor contributions to the settlement at 100% and her client secured defense reimbursements. Elaine’s client did not contribute any monies to the global settlement with the Plaintiffs.
- Successfully opposed a motion for class certification in Washington State against her client an international construction product manufacturer and won a summary judgment motion to dismiss the related CPA claims.
- Successfully resolved a claim in Nevada against her general contractor client in a pre-litigation claim for extensive water damage at a strip hotel in Las Vegas, wherein through the tender under an additional insured endorsement, was able to have the AI carrier pay several settlements with the hotel and commercial tenants and remediation contractors.
- Had a demurrer sustained without leave to amend to the second amended complaint in an action where Plaintiff, an exerciser rider, claimed he was injured when the client’s horse, which he owned and trained, collided with Plaintiff’s horse during a training session at Santa Anita Park. The basis for the demurrer was primary assumption of risk.
- Secured a Court of Appeal decision affirming the granting of a summary judgment motion against her client a polo player based on primary assumption of risk wherein a plaintiff child was struck by a ball that her client had hit during a professional polo game.
- Has a published appellate opinion Swigart v Bruno (2017) 13 Cal. App. 5th wherein the California Court of Appeals affirmed the granting of a summary judgement motion in favor of Elaine’s client, an endurance rider. Plaintiff a co participant endurance rider during a timed competitive ride was injured when the client’s horse spooked leading to the client falling off and the horse colliding with Plaintiff who had dismounted from her horse at the time. The basis for the summary judgment ruling was primary assumption of risk and is now cited under the CACI jury instruction for primary assumption of risk comments section.
- Part of the trial team and litigated an action brought against a riding school by a Plaintiff minor who fell off her horse during summer camp after going over a jump. The case went to jury wherein the jury returned a defense verdict for the firm’s clients the school and instructor. The trial court upheld the written waiver of liability signed by the Plaintiff’s mother and the jury decided the claim of gross negligence in favor of the clients. Due to an Offer of Judgment being served early in the litigation, the clients were awarded nearly $100,000 in expert fees and costs.
Education
- University of San Diego School of Law (J.D.)
- University of California, Los Angeles (A.B., cum laude)
- Pi Gamma Mu
Bar Admissions
Courts
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the District of Nevada
Professional Affiliations
- Claims Litigation Management (CLM)
- CLM Construction Committee
- Education Subcommittee, Co-Chair
- Diversity in Construction Litigation (DCL), Executive Director
- Defense Research Institute (DRI)
- Trial Law Institute
- Diversity Law Institute
- Association of Southern California Defense Counsel
- Litigation Counsel of America (LCA), Senior Fellow
- American Bar Association (ABA)
- ABA Tort Trial & Insurance Practice Section
- Equine Subcommittee
- USHJA-Owners Task Force Committee, Member (Appointed) 2015 – 2017
- Joint Amateur Task Force Committee, Member (Appointed) 2012 – 2014
Honors
- The Best Lawyers in America© (2025)
- Construction Law
- The Construction Attorney's guide, California (2025)
- Daily Journal, Top 100 Women in California
- Syhre Award
- Southern California Super Lawyers (2006-2007, 2009-2024)
- Top 50 Women Southern California (2014-2024)
- Top 100 Southern California (2015, 2020)
- Rated AV Preeminent® by Martindale-Hubbell​​
- Construction Lawyers Society of America (CLSA), Charter Fellow
Elaine was the recipient of a special award at West Coast Casualty's CD Seminar recognizing her commitment to the industry and has been featured in Forbes magazine in their "Outlook - Los Angeles Legal Section" regarding her expertise on construction issues. She was also featured in a Los Angeles Daily Journal article regarding noted construction defect lawyers in Southern California. She is a past recipient of the Syhre Award for her commitment to service and education within the construction law industry and frequently writes articles and commentaries on recent changes in construction law. Elaine is a founding director of Diversity in Construction Litigation (DCL), formerly named Women's Construction Litigation Alliance (WCLA), a non-profit organization.
An avid horsewoman, Elaine competes in the jumper division at nationally recognized horse shows in the United States and Canada in her spare time. She is actively involved in the equestrian community as a result of her equine law practice, as well as her show jumping pursuits. She is an active member of the U.S. Equestrian Federation, the United States Hunter Jumper Association (USHJA), and the Pacific Coast Horse Show Association. Elaine previously served on the USHJA's Joint Amateur Task Force Committee and is currently serving on the Owners Task Force Committee, to which she was appointed. She is a former officer on the board of directors of the West Coast Active Riders, a non-profit organization, and has been a speaker at industry seminars.
Named to the Daily Journal’s 2016 “Top 100 Women Lawyers in California” list, the “Top 50 Women in Southern California” list from Super Lawyers (2014-2024), and the National Law Journal's list of Real Estate/Construction Law Trailblazers (2021)