Six attorneys from the San Francisco-based elder abuse litigation firm Stebner Gertler & Guadagni have been named finalists for the 2026 Consumer Attorney of the Year award by Consumer Attorneys of California (CAOC). The announcement, made by CAOC President Doug Saeltzer on August 18, recognizes the firm's work in the case Tennier, et al. v. MBK Senior Living LLC, which held a Petaluma residential care facility accountable for the neglect and death of an 85-year-old resident.
The finalist attorneys are Karman M. Guadagni, Kelsey S. Craven, Kirsten M. Fish, Kathryn A. Stebner, Deena K. Zacharin, and Valerie T. McGinty. The award honors a CAOC member or members who significantly advanced the rights or safety of California consumers through a noteworthy case result. The winner will be selected by a secret ballot of the CAOC board on September 10 and announced on November 14 during the organization's 65th Annual Convention in San Francisco.
The case centered on Theresa Donahue, who resided at MuirWoods Memory Care, a facility for the elderly with dementia. Staff were aware of her high fall risk and need for assistance, yet she suffered four falls and went weeks with untreated scabies. A fourth fall in 2021 resulted in a hip fracture that led to her decline and death.
The legal team demonstrated that the facility's understaffing was purposeful, aimed at protecting profits. When the defense destroyed multiple categories of staffing records, the attorneys proved the understaffing through witness testimony and admissions from staff. After a hung jury in the first trial, the case was retried and resulted in a win for the plaintiffs.
The litigation's impact extends beyond the verdict, leading to two significant legal changes enhancing elder protection in California. The defense's motion to compel arbitration was denied and upheld on appeal in a published decision, creating favorable law for elders fighting long-term-care arbitration agreements. Additionally, the evidence of spoliation in the case helped drive the passage of Assembly Bill 251 (Kalra), which significantly revised the California Elder Abuse Act to better protect elders and hold bad actors accountable.
Stebner Gertler & Guadagni, founded in 1991, has over 35 years of combined experience in holding nursing homes, assisted living facilities, home health agencies, and hospitals accountable for neglect, abuse, and wrongful death. The firm also pursues class actions and multi-party litigation against unethical business practices targeting seniors. Their work on this case underscores the importance of legal advocacy in safeguarding the elderly and ensuring that facilities prioritize resident care over profit.
