Stebner Gertler & Guadagni, a San Francisco-based elder abuse litigation firm, has announced that six of its attorneys are finalists for the 2026 Consumer Attorney of the Year award by Consumer Attorneys of California (CAOC). The nomination comes after the firm secured a landmark verdict in Tennier, et al. v. MBK Senior Living LLC, holding a Petaluma care facility accountable for the neglect and death of an 85-year-old resident.
The finalists are Karman M. Guadagni, Kelsey S. Craven, Kirsten M. Fish, Kathryn A. Stebner, Deena K. Zacharin, and Valerie T. McGinty. Doug Saeltzer, president of CAOC, announced the finalists on August 18. 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 chosen by secret ballot of the CAOC board on September 10 and announced on November 14 at the Annual Installation and Awards Dinner during CAOC's 65th Annual Convention in San Francisco.
The case involved Theresa Donahue, who resided at MuirWoods Memory Care in Petaluma. Despite known risks for falls and her dementia-related conditions, staff repeatedly failed to provide necessary assistance. She suffered four falls and weeks of untreated scabies before a hip fracture from a fall in 2021 led to her decline and death. The Stebner Gertler & Guadagni team argued that the facility's purposeful understaffing to protect profits caused the neglect. When the defense destroyed staffing records, the attorneys proved understaffing through witness testimony and staff admissions. The first trial ended in a hung jury, but the retrial resulted in a victory.
Beyond the verdict, the case prompted two significant legal changes. The trial court's denial of the defense's motion to compel arbitration was upheld on appeal in a published decision, creating favorable precedent for elders contesting long-term-care arbitration agreements. Additionally, evidence of spoliation in the case helped drive the passage of Assembly Bill 251 (Kalra), which revised the California Elder Abuse Act to better protect elders and hold accountable those who commit abuse.
Stebner Gertler & Guadagni, founded in 1991, has over 35 years of combined experience representing elders and their families in cases of neglect, physical and financial abuse, and wrongful death. The firm also pursues class actions and multi-party litigation against unethical practices targeting seniors. For more information, visit Stebner Gertler & Guadagni.
