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, a case that exposed systemic neglect at a Petaluma residential care facility and led to landmark legal changes benefiting California's elderly population.
Doug Saeltzer, president of CAOC, announced the finalists on August 18. The Consumer Attorney of the Year 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 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. Their efforts in the case against MBK Senior Living LLC, which operates MuirWoods Memory Care, resulted in a jury verdict for the family of Theresa Donahue, an 85-year-old resident who died after suffering multiple falls and untreated scabies in 2021.
Donahue, who had dementia and other medical conditions, was known to staff as being at risk for falls and requiring assistance. Yet, the facility repeatedly failed to meet her needs. She endured four falls and weeks of scabies before a final fall caused a hip fracture that led to her decline and death. The trial team argued that the facility was purposefully understaffed to protect profits, a claim they proved through witness testimony and staff admissions after the defense destroyed multiple categories of staffing records. The first trial ended in a hung jury, but the retrial resulted in a win for the plaintiffs.
The case's impact extends beyond the verdict, prompting two significant legal changes in California. The defense's motion to compel arbitration was denied and upheld on appeal in a published decision, creating favorable law for elders challenging long-term-care arbitration agreements. Additionally, the evidence of spoliation in the case helped drive the passage of Assembly Bill 251 (Kalra), which revised the California Elder Abuse Act to better protect elders and hold negligent facilities accountable.
These outcomes underscore the critical role of litigation in safeguarding vulnerable populations and reforming systemic issues in elder care. The recognition by CAOC highlights the importance of the case not only for the Donahue family but for all California residents in long-term care facilities. The firm's work demonstrates how legal advocacy can lead to broader policy changes, ensuring that facilities prioritize resident safety over profits.
