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 nomination stems from their work on Tennier, et al. v. MBK Senior Living LLC, a case that held a Petaluma residential care facility accountable for the neglect and death of an 85-year-old resident.
Doug Saeltzer, president of CAOC, announced the finalists on August 18. The Consumer Attorney of the Year award recognizes a CAOC member or members who have significantly advanced the rights or safety of California consumers through a noteworthy case result. Winners will be chosen by secret ballot of the CAOC board on September 10 and 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.
The case involved Theresa Donahue, a resident of MuirWoods Memory Care, who suffered from dementia and other medical conditions, placing her at high risk for falls. Staff were aware of her needs but repeatedly failed to provide adequate assistance. Over time, she experienced four falls and weeks of untreated scabies before a fourth fall in 2021 resulted in a hip fracture, leading to her decline and death.
At trial, the Stebner Gertler & Guadagni team argued that the facility's purposeful understaffing, driven by profit motives, was the root cause of the neglect. When the defense destroyed multiple categories of staffing records, the attorneys proved the understaffing through witness testimony and admissions from staff members. The first trial ended in a hung jury, but the team retried the case and secured a victory.
Beyond the verdict, the case has had lasting implications for elder protection in California. The defense's motion to compel arbitration was denied and upheld on appeal in a published decision, creating favorable legal precedent for elders challenging long-term-care arbitration agreements. Additionally, 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 more than 35 years of combined experience in holding nursing homes, assisted living facilities, home health agencies, and hospitals accountable for neglect, physical and financial abuse, and wrongful death. The firm also pursues class actions and multi-party litigation against unethical business practices targeting seniors. This recognition by CAOC underscores the firm's commitment to preserving the dignity and independence of elders, and the broader impact of this case on consumer safety and legal standards in California.
