Stebner Gertler & Guadagni, a San Francisco-based elder abuse litigation firm, has announced that six of its attorneys have been named finalists for the 2026 Consumer Attorney of the Year award by Consumer Attorneys of California (CAOC). The recognition stems from their work on Tennier, et al. v. MBK Senior Living LLC, a case that held a Petaluma memory 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. CAOC President Doug Saeltzer 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 a secret ballot of the CAOC board on September 10, with the winner announced 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. Staff were aware of her high fall risk and need for assistance due to dementia and other medical conditions, yet repeatedly failed to meet her needs. She suffered four falls and weeks of untreated scabies before a fourth fall in 2021 resulted in a hip fracture, leading to her decline and death. 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 understaffing through witness testimony and admissions from staff. The first trial ended in a hung jury, but the team retried the case and secured a victory.
This litigation resulted in 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, 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.
Founded in 1991, Stebner Gertler & Guadagni 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's commitment to preserving the dignity and independence of elders is reflected in this latest recognition.
