That’s really something – Andrea McElroy (previously Andrea Young), candidate in the special election to fill the Area 5 seat on the Newport-Mesa USD this month, Andrea whose ballot designation is “businesswoman,” was sued TWELVE TIMES in the 16 years between 2007 and ’23.
Who gets sued THAT often, and by all sorts of businesses and people? And apart from two cases that were settled or dismissed, and the latest one (still ongoing) asking for $4.5 million, she’s had to pay out nearly a million in judgments against her!
Is this the kind of “businesswoman” Newport Beach voters want making budget decisions for their schoolchildren and hard-pressed schools? We’ll see next month; I’d think Kirstin Walsh would be a much wiser choice.
But this is a countywide blog, so before we get to examining Andrea’s lawsuits AND her questionable designation as “businesswoman,” let’s look at how did we get here? Why IS the NMUSD having a special election this month?
The Path to an Expensive Special Election.
This-all started when one member of the seven-member school board, Michelle Barto, got elected to the Newport Beach City Council, leaving a vacancy. The majority of the remaining Board, after an open process interviewing all applicants, voted 4-2 to appoint 53-year-old Kirstin Walsh (right), a mother and occupational therapist, to that vacancy, and things seemed fine.
But some of the folks in Area 5, the area including and around Balboa/Lido, did not take kindly to Kristin’s appointment and passed around a petition to have a special election instead. And they got 361 signatures – 361! Somehow only 361 signatures was enough to force Kristin out and waste nearly half-a-million dollars on a special election.
These 361 voters must have had a real problem with Kristin, who’s now running to get her seat back, and they must really (we assume) have a much better candidate in mind, to be spending this kind of district money on all this. Except, apparently, that candidate turns out to be this “businesswoman” Andrea McElroy (previously Andrea Young.)
Ballots get mailed out this Monday, May 12, and election day is June 10. So let’s get back to all the problems we’ve discovered with this McElroy/Young, let’s just call her Andrea.
Why do we put “Businesswoman” in quotes?
We’ll get to all those dozen lawsuits real soon, but first, why the “scare quotes” around Andrea’s ballot designation “businesswoman?” Is it because we are snotty? No it is not. It’s just that, we question whether Andrea really makes her living as a “businesswoman,” when her business has reported absolutely no profits (OR losses) over the last 12 months?
HERE IS A LINK TO ANDREA’S FORM 700, filed with the OC Registrar of Voters, see for yourselves. You will notice, the one and only economic interest disclosure she lists, on Schedule A-2, is “Flair Play Active LLC” (not Fair Play as the dimwitted Register has it) – Flair Play, of which Andrea claims to be “Co-founder – CEO.”
And, as you’ll see, she listed NO gross income, checked “none” on sources of Flair Play’s income exceeding $10k, and included a totally blank Schedule C – which is supposed to include any income over $500 including spousal income.
FLAIR PLAY MADE ABSOLUTELY ZERO INCOME THESE PAST TWELVE MONTHS? That is awful, what is wrong with people? Don’t they want “flirty, fun, sophisticated and chic” FOXY shirts to “elevate their FLAIR on and off the court?” Don’t they want to help “empower women?” Andrea’s campaign site claims that her foxy activewear does exactly that!
I will endeavor to help by sharing some of the FlairPlay website, least I could do…
This Flair Play is actually the pet project of Andrea and her most recent husband, Thom McElroy, who was formerly with Volcom, and I’d guess – wouldn’t you? – that they made more than zero money this year with their “activewear brand.”
I’d guess, and so might you as well, that this is just a case of Andrea being very sloppy and careless while filling out her Form 700 (signed under penalty of perjury.)
The kind of sloppiness and carelessness that’s led to Andrea being SUED TWELVE TIMES SINCE 2007, but we’ll get to that. Meanwhile here is hubby Thom last year, explaining the McElroys’ “CockRoach” Mentality:
Before Flair Play: The Paper House
No one-trick pony, “businesswoman” Andrea also boasts on her website of owning and operating, for TWENTY YEARS, a “beloved retail store in Newport Beach” named The Paper House. Um, hate to say, twenty years not so much – the business filed in 2004, it first shows up as Andrea Young’s co-defendant in 2007 and 2008 lawsuits, the Yelp reviews are all from 2010-11, and the Franchise Tax Board suspended the business in 2013. Still, almost ten years, that’s SOMETHING.
And maybe it was beloved, it could very well have been beloved by some people. Just not, so much, the folks who review stores on Yelp, where it averaged a rating of one-and-a-half stars, one star being the lowest. (Many reviewers complained that there was no ZERO-star option.)
The reviewers really pick on Andrea personally, you almost feel sorry for her, and yet… I really don’t think you want to vote for this person to help run a school district, let her just continue to purvey Foxy activewear with her most recent husband:
- “…So, I asked ANDREA (the owner) for a refund back for what was not fulfilled and she said she’d do that right away. It’s been another month and a half and still no refund. ANDREA lied to me. I’ve called and left a message once every other week, cuz I thought I’d give her a chance (still no return calls). But so many people seem pissed that maybe she’s in hiding.”
- “…It took a couple emails and phone calls for Andrea to first respond to me back in mid-November. I figured she was busy with the holidays so I cut her some slack… Fast forward to the end of January when I emailed Andrea for an update since I hadn’t heard from her. No response. I emailed her again a week later. No response. In my last email to her (mid-February), I said if I didn’t hear back from her in two days, I was going to file for a refund from Groupon. Do you think she responded?”
- “…I’ve been wronged by The Paper House. No one should feel alone- Andrea lied to me too…. multiple times. After calling and emailing her relentlessly she FINALLY responded in December that my order would be fulfilled in January. On February 3rd i began contacting her again…”
- “…NEED A ZERO OR NEGATIVE STAR RATING! I just reported this company to the Better Business Bureau…”
A Door Closes, a window opens:
Union Market Tustin
When Andrea was Young: with earlier husband Russell!
A business project of Andrea’s & her earlier husband Russell Young that she DOESN’T boast about too much was known as the “Union Market” in Tustin’s “The District.” Maybe because the project led to the two most recent and costly lawsuits against her, for unlawful detainer, back rent, breach of contract, fraudulent conveyance, conspiracy… but we’ll get to the 12 lawsuits later.
It did seem like an ambitious, difficult project, a “marketplace within a mall,” necessitating the cat-herding of over 20 small businesses. The Register‘s Nancy Luna celebrated the 2014 opening with an “OC’s most influential” puff piece – yes, in 2014, Andrea Young was one of the “most influential!” But the project slow-imploded and Luna was condemned to cover the fallout in 2015 and 2017, the year Andrea and Russell finally called it quits.
As one disgruntled participant wrote in the Ripoff Report, apparently in late 2014 or 2015:
We were invited to be a part of a unique and fun space called the Union Market Tustin located at The Tustin District. We were told it would open in December 2013, then February 2014, Spring 2014, Summer 2014. The landlords Andrea Young, Russell Young and Cindy Avila as announced and promoted on website, magazines and social media. Union Market Tustin is not open still not complete and has no signs of completion any time soon.
Andrea Young, Russell Young and Cindy Avila are unethical Builders & Landlords that do not care about the small businesses they use and destroy to promote their latest project. They will tell you how amazing this is going to be but here are some things they forget to mention.
Common Kitchen provided by landlords fails to have hot water as required by the OC Health Department.
Landlords have kept rent and deposits illegally.
Landlords refuse to provide tenants with “Lease Agreements” and will only provide “Licensing Agreements”.
Landlords have given tenant illegal notice to move out in 7 days without reason.
Landlords use bullying tactics and demand money from their tenants as they see fit.
Landlords use other people projects and businesses to get new tenants to sign up for their projects. Projects and businesses that they have NOT built.
Landlords served more than one tenant at Union Market Tustin with legal notice from their attorney prior to opening.
Landlords stated in emails to tenants that rent would not be collected until restaurants were at least 70% open. Landlords stated several opening dates of restaurants from August 2014 to January 2015. Landlords are demanding rent and not one restaurant is open.
Small Businesses Beware, like they say if it sounds too good to be true it probably is. If the landlord can’t provide an honest business experience and Lease Agreement they probably aren’t legitimate landlords. Shame on Vestar Management for allowing this to happen on their property. They were completely aware of this situation as it was occurring and did nothing.
EXCEPT, NOT.
Now as promised:
Twelve Lawsuits Against Andrea.
CASE #30-2007-00026978 SC-SC-HNB, Filed 11/19/07
Balboa Bay Club vs. Andrea Young (dba The Paper House)
Cause: Unpaid Contract, published advertisements
Judgment: $1,666 plus $75
CASE #30-2008-00223194 SC-SC-NJC, Filed 11/14/08
Marina Center vs. Andrea Young (dba The Paper House)
Unpaid rent and NSF Check
Judgment: $9,784
CASE #30-2009-00317766 CL-UC-HNB, Filed 11/05/09
Anne Michaelsen vs. Russell & Andrea Young
Cause: Unlawful Detainer – Residence (2315 Holly Lane, N.B.)
Claim: $9,400. Stipulated Judgment” $6,045 and vacate residence
CASE #30-2011-00440485 CO-PO-CJC, Filed 1/13/11
Brosnan v. DeCinces (Owner) – Andrea Young (Lessee) named by DeCinces as a Cross-Defendant
Cause: Personal Injury (child hurt by non-crash glass window breaking at Young-leased premises at 402 Kings Rd. N.B.)
Settled, no details
CASE #30-2011-00447680 CL0CL-CJC, Filed 2/4/11
GCFS, Inc. v. Andrea D. Young
Cause: Unpaid Loan
Judgment: $13,112
CASE #30-2011-00481941 SC-SC-HNB, Filed 6/8/11
McAuliffe v. Russell & Andrea Young
Cause: Unpaid residential rent (Premises at 901 Clay, N.B.)
Judgment: $2,675
CASE #30-2011-00483478 CC-UD-HNB, Filed 6/14/11
Balboa Bay Club vs. Andrea Young (dba The Paper House)
Cause: McAuliffe v. Russell & /Andrea Young
Judgment: $5,111, and surrender residence [Note in court file: the Youngs tendered a $450 NSF check to the court!]
CASE #30-2012-00536764 SC-SC-HNB, Filed 1/11/12
DeCinces vs. Russell & Andrea Young
Cause: Unpaid Rent; repairs, cleaning (Premises at 901 Clay, N.B.)
Judgment: $10,190
CASE #30-2013-00645294 CU-CO-CJC, Filed 4/11/13
South Coast Trade vs. Russell & Andrea Young
Cause: Breach of contract & fiduciary duty; conversion; tortious Interference with contract
Claim: $1,000,000 Case dismissed/ no info why. Settled?
CASE #30-2014-00760918 CU-BC-CJC, Filed 12/10/14
Lee, Hernandez, Landrum et al v. Russell & Andrea Young [Lee, Hernandez represented defendants Young in So.CoastTrade case.]
Cause: Breach of contract; non-payment of attorney’s fees
Judgment: $45,324 (Judgment amount at time of warrant issue 12/31/15)
CASE #30-2022-01248230 CU-UD-CJC, Filed 3/3/22
Vestar/Kimco v. Union Market Tustin, LLC, Andrea Young and The OC Mart, a Wyoming LLC
Lessor of Union Market Tustin property sued for Unlawful Detainer on Union Market Tustin property and for back rent
Judgment: For possession 4/17/2022 plus Judgement about $747,844
CASE #30-2023-00136442 CU-BC-CJC, Filed 3/29/23
Vestar/Kimco v. Union Market Tustin, LLC, Andrea Young aka Andrea McElroy, Thomas McElroy and Does
Lessor of Union Market Tustin prop. Sued for: Breach of contract; breach of guaranty; a Common Court; Fraudulent Conveyance and Conspiracy
Vestar Claim = about $4,500,000 (Case ongoing. McElroy’s have retained counsel to oppose the allegations)
This one belongs in Huntington Beach.
Ironically… (no, wait, it’s not irony) that’s where she grew up.
She does have the look of all those blond MAGA females.
All the lawsuits point not to budgetary ineptitude (they ALL have that) but to willful malfeasance.
Oh damn — your old side of town or mine?
I don’t think Joe “do you like my receding hairline” Stapleton is convinced by any of this or anyone else is in Newport
Beach for that matter. Some would consider being sued as a cost of doing business.
https://www.mcelroy4nmusd.com/endorsements
This is glorious…when a DeCinces sues you, you know you’re in good (bad) company.
Good read. It’s KIRSTIN, not Kristin
Roger that; fixed.
Pearlman’s written something of a companion piece to this, and I appreciate that he links and quotes our story: https://www.thetruthoc.com/p/newport-beachs-andrea-mcelroy-isnt
One high point on Pearlman’s blog is, you can hear Andrea’s interview with the Board back in January, back when they chose Kirstin over her, and you can clearly see why. AIRHEAD.
But also, the OCGOP is pushing hard for her, as an obedient foot soldier in their War on Education. Jeff has photos of her with Mari Barke and the odious Sonja Shaw. Andrea’s statements so far are mostly pretty bland, but she has come out against ethnic studies (why should Newport and Costa Mesa not have ethnic studies?) and against the “culture wars” coming from … Sacramento!
This district or “area” is as red as it gets, so I focused in my piece on what should be of concern to real conservatives.
Well the ADL doesn’t want ethnic studies and used have some pull in the NMUSD. So there is that.
https://voiceofoc.org/2021/08/newport-mesa-school-district-officials-renew-amended-adl-anti-bias-training-contract/
She sounds like a habitual deadbeat
Weenie says what?? McElroy fan boy in full effect.
https://m.facebook.com/story.php?story_fbid=1316901930442200&id=100063672171402
Thanks for the stunning, fact-filled article on the business and litigation background of Newport Mesa Unified School District (NMUSD) board candidate, Andrea McElroy.
Having a bit of a legal background, I was curious to go to the courthouse and read among the 12 lawsuits filed against candidate McElroy cited in your piece.
The two most recent seemed most concerning because in all three there were allegations – yes, just accusations — much more severe than commonplace failures to pay one’s business and residential rent debts. More severe because in those two, in addition to claims for breach of contract and breach of Ms. Young’s/McElroy’s personal guaranty of her company’s debts, were claims for conversion, tortious interference with contract, fraudulent conveyance and conspiracy.
These allegations arose, both plaintiffs asserted, from Ms. McElroy’s conduct during their contracted business dealings.
In this context, conversion alleges that one party in a relationship of trust – a fiduciary relationship – took, without consent and benefited personally from, what assets or benefits belong to all partners.
Similarly, tortious (meaning wrongful) interference with contract generally connotes one party, without consent, taking a partnership benefit only herself, not her fiduciary partners.
Fraudulent conveyance is a tort – a wrongful act – arising where one party transfers assets to another person or entity for the purpose of defrauding creditors.
Conspiracy – well, the word gives you the gist – is a secret plan with another to do – perpetrate, we lawyers like to say — a wrong or harm upon another.
In one case against Ms. Young/McElroy, where the plaintiff was seeking as much as a million-dollar judgment, plaintiff alleges it entered a contract with Young/McElroy in which they would form a new partnership. Partners, by law, are fiduciaries to each other. In the new partnership, plaintiff would and did, it claimed, contribute capital; money — more than $1.5 million. For her part, Ms. Young/McElroy agreed she’d devote her full-time efforts and labor to develop and manage a mixed-use, multi-sublessee retail space in a large mall complex in Costa Mesa. However, plaintiff alleged, Young/McElroy didn’t do what she agreed to do. Rather than develop and manage, she failed to adequately “develop” and she mismanaged the partnership’s business purpose and efforts, it said.
Because there was no trial the case, we don’t know who might have prevailed. We only know that, perhaps after the attorneys and parties met and spoke, the case was dismissed at plaintiff’s request. That could mean simply that plaintiff gave up. Or it could mean the party’s reached an off-the-record settlement. Nonetheless, such public allegations by one fiduciary against another may lead some or many voters to exercise caution when it comes to voting in a school board race where fidelity to a joint purpose and diligent business judgment are desired requisites for the job.
Still awaiting trial is a larger case where plaintiff seeks a judgment of $4,500,000, for breach of contract and breach by Ms. Young/McElroy of her personal guaranty of her company’s – Union Market Tustin, LLC’s — debt for past due lease payments on a sizable commercial space in a large, mixed-use mall in Tustin.
The charges got worse for her when plaintiff amended its complaint to allege that after McElroy/Young became aware of her personal liability for the LLC’s past rent judgment — well over $700,000, it appears – she refinanced a substantial residential real property loan agreement, and then transferred her ownership interest in that real property to her now-spouse, Mr. McElroy, as his sole property. Whether that’s true or not, time will tell. But those are the plaintiff’s publicly asserted allegations: Mrs. McElroy gave away a valuable real estate asset, for nothing in return, to keep it from being subject to a litigation and/or judgment lien.
Not only that, but plaintiff added Mr. McElroy to the suit as a co-defendant based in its theory that the McElroys conspired to defraud plaintiff and other of her creditors by her fraudulent conveyance.
We voters in Area 5 don’t know the truth of the allegations in either of these cases. But, for some of us the fact that Ms. Young/McElroy – a businesswoman, she frequently claims — has been sued some 12 times in the recent past, has had 8 money judgments against her and now faces these last allegations may provide good reason to ask whether her documented past businesswoman history should give pause.
Of course, bottom line, it’s up to each voter to decide whether they feel Andrea McElroy is the best person Area 5 can produce and trust to diligently read, consider and vote to approve or disapprove, each year, the hundreds of NMUSD business contracts involving millions of our school tax dollars.
Judge Lynne Riddle (ret),
Area 5 resident
I’ve been a writer/editor here for 15 years, Judge, and that may be the most useful comment I’ve ever seen here. Thanks so much!
LA Times reports McElroy complains of attempt to smear her.
https://www.latimes.com/socal/daily-pilot/news/story/2025-05-14/lawsuits-filed-against-candidate-for-nmusd-school-board
Yeah, nice job LA Times. Show that the County is reading the Orange Juice Blog without ever mentioning the Orange Juice Blog.
I see that the stupid Times, like the stupid Register, calls Andrea’s business “Fair Play.” The McElroys should appreciate that we’re the only outlet with the respect to get the name right. FLAIR Play. Like the Flair they make Jennifer Aniston wear in Office Space!
Looks like the Daily Pilot’s address is still 10540 Talbert Avenue in Fountain Valley. Presuming that Kirstin Walsh may hold a campaign rally or protest the Pilot’s lack of Flair Play — whoops, meant “Fair”! — I hope that she will give us a head’s up to cover it.
(And Vern, the McElroys probably would prefer that you hadn’t gotten the silly name right!)
I bet you Joe “Mr. Newport Beach” Stapleton has never caught a wave at the Wedge.