Six Stebner Gertler & Guadagni Attorneys Named Finalists for California's Top Consumer Attorney Award

By The Building Texas Show•
The recognition stems from a landmark elder abuse case that not only secured justice for a victim but also spurred legislative and legal changes enhancing elder protections in California.

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Six Stebner Gertler & Guadagni Attorneys Named Finalists for California's Top Consumer Attorney Award

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 nomination highlights the firm's successful litigation in Tennier, et al. v. MBK Senior Living LLC, a case that held a Petaluma assisted living facility accountable for the neglect and death of an 85-year-old resident.

The finalists include Karman M. Guadagni, Kelsey S. Craven, Kirsten M. Fish, Kathryn A. Stebner, Deena K. Zacharin, and Valerie T. McGinty. The award, which recognizes a CAOC member who significantly advanced the rights or safety of California consumers through a noteworthy case result, will be decided by a secret ballot of the CAOC board on September 10. The winner will be announced at the Annual Installation and Awards Dinner on November 14 during CAOC's 65th Annual Convention in San Francisco.

The case centered on Theresa Donahue, who resided at MuirWoods Memory Care, a facility for elderly individuals with dementia. Despite known risks for falls and medical needs, staff repeatedly failed to provide adequate assistance. Donahue suffered four falls and weeks of untreated scabies before a fourth fall in 2021 led to a hip fracture, subsequent decline, and death.

The legal team demonstrated that the facility's understaffing was purposeful to protect profits. When defense attorneys destroyed multiple categories of staffing records, the team proved the understaffing through witness testimony and staff admissions. After a hung jury in the first trial, the case was retried, resulting in a victory for the plaintiff.

The outcome has broader implications for elder protection in California. The defense's motion to compel arbitration was denied and upheld on appeal in a published decision, setting a precedent that limits forced arbitration in long-term care disputes. Additionally, the evidence of spoliation contributed to the passage of Assembly Bill 251 (Kalra), which significantly revised the California Elder Abuse Act to strengthen protections for elders and hold negligent facilities accountable.

This recognition underscores the importance of legal advocacy in safeguarding vulnerable populations. The case not only delivered justice for the Donahue family but also sparked changes that will benefit countless elderly residents across California. According to CAOC president Doug Saeltzer, the finalists' work exemplifies the impact that dedicated attorneys can have on consumer safety and rights.

Stebner Gertler & Guadagni, founded in 1991, focuses exclusively on elder abuse litigation, representing elders and their families in cases of neglect, abuse, and wrongful death. The firm's success in this case reinforces its commitment to preserving the dignity and independence of elders, and its attorneys' recognition as finalists highlights the critical role of legal action in preventing future tragedies.