U.S. Supreme Court Justice Louis D. Brandeis, in the public domain. (Photo credit: Harris & Ewing Collection at the Library of Congress, Prints & Photographs Division, circa 1916)
California Third District Court of Appeal’s summary of Carolyn Young v. CBS Broadcasting, Inc., et al.
In the December 28, 2012, published case Carolyn M. Young v. CBS Broadcasting, Inc., et al., the California Court of Appeal for the Third District said:
CBS Broadcasting, Inc. (CBS) telecast a report [entitled “A Life Hijacked”] regarding Carolyn Young, a court appointed conservator [and professional fiduciary licensed by the California Department of Consumer Affairs]. In its report [written and produced by KOVR-TV Channel 13 producer Dave Clegern and reported by investigative reporter Kurtis Ming], CBS dramatized allegations against Young of theft and battery while she served as conservator for an elderly woman [Mary Jane Mann]. Young sued CBS for defamation. CBS filed an anti-SLAPP motion, asserting the First Amendment. Young prevailed in part. CBS appeals. We reverse because Young acted as a public official for purposes of defamation law and failed to show CBS’s report was made with actual malice.
California Third District Court of Appeal explains anti-SLAPP motions in California
In Carolyn M. Young v. CBS Broadcasting, Inc., et al., the California Court of Appeal for the Third District explained what a California anti-SLAPP (strategic lawsuit against public participation) motion is:
Code of Civil Procedure section 425.16 (the anti-SLAPP law) allows a court to strike a [defamation] complaint it determines is an attempt to stifle a defendant’s exercise of free speech rights. A court may strike such a complaint where it concludes (1) the cause of action arises from the defendant’s exercise of free speech regarding a public issue; and (2) there is no probability the plaintiff will prevail on the merits. (Code Civ. Proc., § 425.16, subd. (b)(1).)
California Third District Court of Appeal’s conclusions in Carolyn Young v. CBS Broadcasting, Inc., et al.
The California Court of Appeal for the Third District concluded in Carolyn M. Young v. CBS Broadcasting, Inc., et al.:
- Carolyn M. Young failed to sufficiently prove that the CBS investigative news report “A Life Hijacked” was not privileged under California Civil Code § 47(d)(1).
- The CBS investigative news report “A Life Hijacked” was privileged under California Civil Code § 47(d)(1) because “Young acted as a public official for purposes of defamation liability in her role as Mann’s court-appointed conservator, and she was unable to establish with sufficient evidence that the report’s allegations were made with actual malice.”
- Carolyn M. Young “is a public official for purposes of defamation liability while serving in her role as a court-appointed conservator.”
- “By her court appointment and under oath, [Carolyn] Young became an agent of the state with power to interfere in the personal interests of a private citizen to whom she was not related and without that citizen’s consent.”
- “More troubling for Young’s complaint is the fact that of all the witnesses Young wanted [KOVR-TV Channel 13 producer Dave] Clegern to contact, only one, Mann’s attorney, Mr. [Laurence] Dashiell, could verify whether Young had in fact not accounted for $60,000 or otherwise mismanaged Mann’s estate.”
- Carolyn M. Young failed to show “a reasonable probability she can establish by clear and convincing evidence that the statements in the report were made with actual malice.”
- Carolyn Young failed to sufficiently prove actual malice by CBS and KOVR-TV Channel 13.
- Carolyn M. Young failed to show that she was “likely to succeed on the merits of her defamation complaint” against CBS Broadcasting, Inc., et al.
- Yolo County Superior Court Judge David W. Reed improperly denied the anti-SLAPP motion filed by CBS Broadcasting, Inc.
California Third District Court of Appeal reverses Yolo County Superior Court Judge David W. Reed’s improper judgment
As a result, the California Court of Appeal for the Third District ruled in Carolyn M. Young v. CBS Broadcasting, Inc., et al.:
The judgment is reversed. We direct the trial court to grant the anti-SLAPP motion [filed by CBS Broadcasting] in its entirety and to dismiss the amended [defamation] complaint [filed by Carolyn M. Young]. Costs on appeal are awarded to CBS. (Cal. Rules of Court, rule 8.278(a).)
What do you think? Please share your thoughts below this article!
If you take a moment of your valuable time to leave a relevant, non-spam comment below, we will reward you by telling Google and other search engines to crawl and follow your outgoing hyperlink pointing to your website.
Young v. CBS Broadcasting is great, in that the case renders private California court-appointed fiduciaries “public officials,” thereby holding private fiduciaries in California to an even higher standard of fiduciary duty.
Yet she is not finished. She has continued her activities and moved on to a child and his small trust awarded to him from a medical malpractice. She refuses to turn over records to parents and drained 7% of the child’s account in fees to herself and her attorney Mr. Yamamoto. She tells the parents they have no right to records. Who does she pay off in the judicial system?
The YouTube video “A Hijacked Life” is on Facebook again being viewed by others as an example as Ms. Young has decided to continue her abuse and corruption. Her financial exploitation has now involved a 12-year-old boy with down syndrome and his special needs trust. She has drained the child’s trust funds of almost $9,000 of his trust in fees without an accounting to the parents in years…all written to her and her attorney, nothing for the child. Disgraceful. Thievery. But allowed, as she is an appointed official, according to the probate system. She and her attorney should be in prison.
Please inform which court your case is filed, case no. and title of your case. The State of California needs to wake up and have the state auditor fraud investigators look into unethical business practices by CMY.
Carolyn Young is a career criminal embezzler. She embezzled over $30,000 from me; used my funds to hire high-priced attorneys to defend herself when I sued her. She continues her embezzling practices to this day and needs to be put in prison.
The only way to put her there is for former and current clients of Carolyn Young to come together, organize to file a massive class-action lawsuit against her, and pursue it until she is put away, or at least stripped of her fiduciary status.
Any former or current clients of Carolyn Young who has experienced theft of funds, please contact me via e-mail. Scott R. Hadley franciss537@gmail.com.
Carolyn Young is a career criminal embezzler. She embezzled over $30,000 from me; used my funds to hire high-priced attorneys to defend herself when I sued her. She continues her embezzling practices to this day and needs to be put in prison.
The only way to put her there is for former and current clients of Carolyn Young to come together, organize to file a massive class action lawsuit against her and pursue it till she is put away, or at least stripped of her fiduciary status.
Any former or current clients of Carolyn Young who has experienced theft of funds, please contact me via e-mail. Scott R. Hadley at franciss537@gmail.com.
Update: The F.B.I. is concluding their investigation of Carolyn Young and her sidekicks Zachary Young and Mike Petris. A forthcoming massive class-action lawsuit is coming to Sacramento Superior Court within the next two months. Young will soon be placed under arrest and charged with over 485 counts of embezzlement, fraud, and abuse.
On that day, I will throw a party for all of Young’s former clients. Stay tuned. Fox News also interested in this story.
What happened her son zach is stealing my money and about to take my house and make me and my puppy homeless and im on disability please reply I need help
We live in an ever increasingly violent society. I put it in God’s hands that someone will eventually become so angered by this blatantly lawless, embezzling criminal, Sacramento fiduciary named Carolyn Young, that it just seems inevitable that someone will put a bullet into Carolyn Young’s head one day, and it won’t be me. This is my greatest prayer and hope for any justice of this career criminal.
When Carolyn Young was appointed conservator for my father, it was absolutely against his will. The suit was brought by jealous family members who decided the monies paid to me by a government entity were “excessive” even though these funds were not part of my dad’s actual monthly benefits. But they needed to protect Daddy’s money.
Well, introduce Carolyn M. Young, who managed to charge him $2,500 for 6 week’s “work,” steal $500 in and then began to commingle Dad’s monthly bills with her business accounts. . . WHY?
When I informed the probate judge of these incidents, he practically browbeat me by claiming I was exercising undue influence over my dad. He then appointed her conservator in spite of these accusations, saying, “Who else is there?”
This is a probate judge who has only one conservator he can appoint? Someone is getting paid off. No doubt.
Hi Linda,
Would you please provide your email address so I may contact you directly?
My family are NOT fans of Young and Yamamoto to say the least, and would like to help put her behind bars.
Hi Linda Hill,
I also think Carolyn Young is trouble. Who was the judge? Was it Gervercer?
I’d love to talk to you about this. Can you leave me an email or some way I can contact you?
Thanks,
Linda,
Please contact me if you can. I’m also having Carolyn Young issues.
I have been reading about this firm and it is easy to put the pieces of the puzzel together. All I can say is people who are dishonest and who steal from the vulnerable by using their positions and power and by tearing apart family relationships by defaming characters lies in court petitions and they already know the outcome will be in their favor because of reasons that break and tarnish our judicial system. Unfortunate for our loved ones and us but… you must know that what ever they win and take that was not theirs they will lose for many generations to come 10 fold. No one gets away with stealing from vulnerable people from their relatives to make themselves rich.
and rich and leaving victims behind. They have not won but lost more than they know. It us the golden rule. What you do on to others wil
Scott mentions that Carolyn Young and Zachary Young are possibly being investigated by the FBI. But in my opinion, they have little to fear. As Erin in her Yelp blog mentions, they appear to have friends, who are allegedly biased in their favor, for example, Judge Robie is supposedly a long-time friend of the family, one of her son’s reportedly interned with him, and the judge has made apparently poor decisions in favor of them, in my opinion. If there is no chance of consequences to actions, why should they be concerned?
Please Zach Young is my fiduciary and has not done one thing in my best interest hes paid 5 people to do one person job havent liked him from the start hes now trying to take my house make me and my puppy homeless house is paid for and theres so much more hes a liar and im disabled from a 73ft fall Im going to do whatever it takes to expose this family of thieves and make sure they are held accountable for the lives they have ruined but I need some help so any suggestions please email me at redjiffo@yahoo.com thank you fo your time
Jenifer Meyer
Jenifer,
Please inform which court is your case filed and case number. What is your case title? Do you have an attorney? If not, the CMY fiduciary will eat all your assets.
Fred Evans
This company has been stealing money from my daughters special needs trust. They have been charging large amounts of money for doing absolutely nothing. They do not supply any accounting of the trust except a checking register. I could do that! Then charged her over 3000 for doing nothing. They out source services and pay them without any communication with my daughter. They wouldn’t return phone calls or emails for almost a year. Zachary made a comment to me about my daughters ” Boob job” That he paid for. which was utter nonsense and told me my -daughter would work real well working in a all men environment. Who says that to a mother. This is just a few examples of their professional or lack there of behavior. They steal and lie. The county needs to quit assigning cases to them before they became liable.
It is now 2019, and Carolyn Young and son Zachary continue preying on the most vulnerable in our society, embezzling their funds. Someone must stop her!
I have a feeling he may be doing the same with my daughter’s monies. Can’t prove it those he’s working for an Indian tribe where he has several clients with money… Family members are suspicious.