Kirsten M. Fish

• J.D., Summa Cum Laude, Santa Clara University School of Law
• B.S., Chemistry, with honors, University of California, Davis

Published Works

• “The senior swindlers: Identifying financial elder abuse scams and holding financial institutions liable,” Forum Magazine, May/June 2022.
• “Sexual abuse in long term care facilities – It’s happening more than you think,” Forum Magazine, May/June 2019.
• “Litigating Financial Abuse Actions Against Institutions, Agents and Fiduciaries,” Chapter 6A, California Elder Law Litigation: An Advocate’s Guide (Co-Author with Kathryn Stebner), Continuing Education of the Bar (Eds. 2008 – present)
• “The Deceptive Complexity of Elder Law Litigation,” Inside the Minds (Co-Author with Kathryn Stebner), Thomson Reuters/Aspatore, 2012.
• “The CACI Instruction on ‘Recklessness’ vs. The CACI Instruction on ‘Malice’ in Elder Abuse Cases – Are They Actually One in the Same?,” Legal Network News, Spring 2006, Vol. 17, No. 1.

Notable Cases

• Theresa D. v. MBK Senior Living LLC (2021) 73 Cal.App.5th 18
• Kim v. Wells Fargo, N.A. (N.D. Cal. Dec. 20, 2021, No. 21-cv-05405-JD) 2021 U.S.Dist.LEXIS 242487
• Young v. Horizon West, Inc. (2013) 220 Cal. App. 4th 1122
• Intrieri v. Superior Court (2004) 117 Cal.App.4th 72

• Holding Financial Institutions Accountable for Financial Elder Abuse – 27^th Annual Professional Fiduciary Association of California Educational Conference (May 5, 2022)
• Elder Financial Abuse Litigation: A Panel of Experts – 25^th Annual California Advocates for Nursing Home Reform Elder Law Conference (April 29, 2022)
• The Nuts and Bolts of Financial Elder Abuse Litigation – San Francisco Trial Lawyer Association Seminar (March 18, 2022)
• Making Dollars and Sense of Financial Elder Abuse Cases – The Donald L. Galine Sonoma Travel Seminar (March 11, 2022)
• Elder Financial Abuse Litigation: A Panel of Experts – California Advocates for Nursing Home Reform Webinar (November 17, 2021)
• What’s New in Tort & Trial Annual Seminars – Northern California (2010 – present)
• CEB’s Civil Litigation Practice: Annual Recent Developments – Northern California (2010 – 2016)
• Litigating Long Term Care Sexual Assault Cases – The Donald L. Galine Sonoma Travel Seminar (April 9, 2019)
• Investigating, Trying And Winning Elder Abuse Cases – The Donald L. Galine Sonoma Travel Seminar (April 2, 2016)
• Litigating Long-Term Care Sexual Assault Cases – 19^th Annual California Advocates for Nursing Home Reform Elder Law Conference (November 21, 2015)
• Elder Abuse: Fighting Arbitration Clauses And Shaping The Ones You Lose – 54^th Annual CAOC Convention (November 7, 2015)
•  Elder Abuse and Neglect: What General Practitioners Need to Know – Santa Clara County Bar Association (September 21, 2015)
•  Rape and Molestation in Long Term Care Facilities: It’s Happening More Than You Think – 10^thAnnual Legal Assistance For Seniors Conference on Elder Abuse (May 19, 2015)
• Emerging Trends in Nursing Home Cases: Client Screening, Pleadings, Discovery and Law and Motion – 53rd Annual CAOC Convention (November 15, 2014)
• §998 Offers – Avoiding Potential Traps and Pitfalls – SCCTLA’s 2014 Belli Seminar (October 10, 2014).
• Emerging Trends in Nursing Home Cases: Client Screening, Discovery and Law and Motion – 52nd Annual CAOC Convention (November 16, 2013).
• CAOC Law School Panel Discussion – Santa Clara University School of Law (September 12, 2013)
• Trending Topics in Elder Abuse Litigation – Santa Clara County Trial Lawyers Association (November 1, 2012)
• Financial Elder Abuse Roundtable – San Francisco Trial Lawyers Association (May 24, 2011)
• Trial Techniques – Santa Clara University School of Law (September 24, 2009)
• The Nuts and Bolts of Elder Abuse Litigation – Sunnyvale-Cupertino Bar Association (April 14, 2008)
• Demonstrative Evidence – Santa Clara University School of Law (March 1, 2007)
• The Nuts and Bolts of Elder Abuse Litigation – Monterey County Bar Association (March 9, 2006)

Professional Affiliations

• Santa Clara County Trial Lawyers Association, Board of Governors (2010 – present)
• Santa Clara County Trial Lawyers Association, President (2012, 2013)
• Consumer Attorneys of California, Board of Governors (2014 – present)
• Consumer Attorneys of California, Women’s Caucus (2012 – present)
• Consumer Attorneys of California, Local Trial Lawyers Association Presidents Council (2012, 2013)
• Lincoln Law School of San Jose, Faculty, Legal Research and Writing (2009 – present)
• Lincoln Law School of San Jose, Faculty, Torts (2014 – 2015)

Memberships

• Santa Clara County Trial Lawyers Association
• Consumer Attorneys of California
• Santa Clara County Bar Association
• American Bar Association
• American Association for Justice