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 recognition stems from their successful litigation in 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 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 case involved Theresa Donahue, an 85-year-old resident of MuirWoods Memory Care 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. 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. After the first trial ended in a hung jury, 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 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 firm's commitment to holding nursing homes, assisted living facilities, home health agencies, and hospitals accountable for neglect and abuse. For business and technology leaders, this case highlights the growing legal and regulatory scrutiny on elder care facilities, particularly regarding staffing levels and data management. The destruction of staffing records and the subsequent legal consequences serve as a cautionary tale about the importance of proper record-keeping and compliance. As the population ages, the demand for elder care services will increase, and businesses in this sector must prioritize ethical practices and transparency to avoid litigation and regulatory action.
The case also reflects a broader trend in consumer protection law, where courts and legislatures are strengthening safeguards for vulnerable populations. Businesses should take note of the legal precedents set by this case, especially in areas like arbitration agreements and evidence preservation. The outcome may influence how companies handle disputes and manage internal records, with potential implications for risk management and corporate governance.
Stebner Gertler & Guadagni, founded in 1991, has more than 35 years of combined experience in elder abuse litigation. 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. This recognition by CAOC solidifies the firm's reputation as a leader in protecting elder rights in California.
