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 the Consumer Attorneys of California (CAOC). The recognition stems from the firm's successful litigation in Tennier, et al. v. MBK Senior Living LLC, a case that held a Petaluma facility accountable for elder neglect and death.
Doug Saeltzer, president of CAOC, announced the finalists on August 18. The Consumer Attorney of the Year award honors a CAOC member or members who have significantly advanced the rights or safety of California consumers through a noteworthy case result. Winners are selected by secret ballot of the CAOC board on September 10 and will be announced November 14 at the Annual Installation and Awards Dinner during CAOC's 65th Annual Convention in San Francisco.
The finalist attorneys are Karman M. Guadagni, Kelsey S. Craven, Kirsten M. Fish, Kathryn A. Stebner, Deena K. Zacharin, and Valerie T. McGinty. Their work on the case has not only brought justice for the victim's family but also led to significant legal changes enhancing elder protection in California.
The case centered on Theresa Donahue, an 85-year-old resident of MuirWoods Memory Care, a residential care facility for the elderly in Petaluma. Staff knew she was at risk for falls and needed assistance due to her dementia and other medical conditions, but repeatedly failed to meet her needs. She suffered four falls and weeks of untreated scabies before a fourth fall in 2021 caused a hip fracture that led to her decline and death.
At trial, the Stebner Gertler & Guadagni team built its case around the facility's purposeful understaffing to protect profits. When the defense destroyed multiple categories of staffing records, the attorneys proved the understaffing through witness testimony and admissions from staff. The first trial ended in a hung jury, but the team retried the case and won.
The case's impact extends beyond the verdict. 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 passage of Assembly Bill 251 (Kalra), which significantly revised the California Elder Abuse Act to better protect elders and hold bad actors accountable.
This recognition underscores the importance of holding elder care facilities accountable for neglect and abuse. The legal precedents set by this case could have far-reaching implications for elder rights in California, potentially influencing how similar cases are litigated and how facilities are regulated. For families with loved ones in long-term care, this case serves as a reminder that facilities must provide adequate staffing and care, and that legal recourse is available when they fail to do so.
Stebner Gertler & Guadagni, founded in 1991, has more than 35 years of combined experience holding nursing homes, assisted living facilities, home health agencies, and hospitals accountable. The firm's attorneys represent elders and their families in cases of neglect, physical and financial abuse, and wrongful death, and pursue class actions and multi-party litigation against unethical and deceptive business practices targeting seniors. The firm strongly believes in preserving the dignity and independence of elders throughout their lives.
The CAOC award, if won, would be a testament to the firm's dedication and the significance of this case in advancing consumer protection for California's elderly population.
