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 recognition stems from the firm's successful litigation in Tennier, et al. v. MBK Senior Living LLC, which held a Petaluma facility accountable for elder neglect and death. 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. 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 finalist attorneys on the case are Karman M. Guadagni, Kelsey S. Craven, Kirsten M. Fish, Kathryn A. Stebner, Deena K. Zacharin, and Valerie T. McGinty. Their client, Theresa Donahue, was 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 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 led 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 fighting long-term-care arbitration agreements. The evidence of spoliation in the case also 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. The case not only delivered justice for the Donahue family but also paved the way for broader systemic changes that will protect vulnerable seniors across California. As the CAOC board prepares to vote, the legal community watches closely, recognizing that this case exemplifies the critical role of consumer attorneys in safeguarding elder rights.
