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 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.
Doug Saeltzer, president of CAOC, announced the finalists on August 18. The award honors a CAOC member or members who have 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 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 legal 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 has had far-reaching 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 law for elders fighting long-term-care arbitration agreements. Additionally, the 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.
This recognition underscores the importance of holding care facilities accountable for neglect and abuse. The legal victories not only brought justice for Theresa Donahue and her family but also set precedents that will protect countless other elderly residents across California. The firm's dedication to preserving the dignity and independence of elders is evident in this landmark case and its ongoing impact on state law.
