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 was made on August 18 by Doug Saeltzer, president of CAOC. This prestigious award recognizes a CAOC member or members who have significantly advanced the rights or safety of California consumers through a noteworthy case result.
The finalist attorneys are Karman M. Guadagni, Kelsey S. Craven, Kirsten M. Fish, Kathryn A. Stebner, Deena K. Zacharin, and Valerie T. McGinty. They are being honored for their work on 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 case centered on Theresa Donahue, who resided at MuirWoods Memory Care. Despite known risks of falls due to her dementia and other conditions, staff repeatedly failed to provide necessary assistance. She suffered four falls and endured weeks of untreated scabies before a final fall in 2021 led to a hip fracture, subsequent decline, and death. The Stebner Gertler & Guadagni team demonstrated that the facility was purposefully understaffed to protect profits. When the defense destroyed staffing records, the attorneys proved understaffing through witness testimony and admissions from staff. After a hung jury in the first trial, the case was retried and won.
The litigation had far-reaching implications, 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 contesting long-term-care arbitration agreements. Additionally, evidence of spoliation 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.
Winners will be selected 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 recognition underscores the firm's commitment to holding nursing homes, assisted living facilities, and other care providers accountable for elder neglect and abuse. Founded in 1991, Stebner Gertler & Guadagni has more than 35 years of combined experience in this field, representing elders and their families in cases of neglect, physical and financial abuse, and wrongful death, as well as pursuing class actions against unethical business practices targeting seniors.
