Proposed Notice of Pendency of Class Action

This is NOT an official notice. This notice is proposed to the court by plaintiffs’ counsel June 26, 2009. If you choose to duplicate this notice on any blog or website, this notice MUST be included.

Late Breaking Lawsuit News

A Motion for Summary Judgment has been filed with the Riverside Courts by John Tiedt, attorney for the Plaintiffs in the Class Action Lawsuit pending against Heidi Diaz, founder of Kimkins, a diet site which was established based on fraudulent claims made by Ms. Diaz, namely that she had lost 198 pounds over a 10 month period of time, had maintained that loss for 5 years and was qualified to advise and assist others in mirroring her success. As we know, she supported her claims with fraudulent before and after pictures of both herself and her many claimed success stories. We also know that she did NOT lose 198 pounds in 10 months, or over any period of time, for that matter. She didn't lose 100 pounds. She might have lost 50. There is not 5 years of maintenance, there are not before and after photos.

A Motion for Summary Judgment basically appeals to the court to save the tax payers the cost of a trial as the admitted facts of the case are clear enough to render a decision. The Motion that John filed is many, many pages long and, as usual, is filled with a plethora of indisputable facts to support the request. A hearing has been set to hear the motion on August 24, 2009 at 8:30 am in Riverside County. The State of California requires an 80 day waiting period before such a hearing to allow the court and all parties involved to properly prepare for the hearing.

This is not simply a routine procedure. In fact, it is rather unusual in a case of this nature. However, John believes strongly that the facts in this case warrant this action. He has proven to us time after time just how strong a case has been built, thanks to the tireless work done by so many people to bring the facts to light.

Class Certified!

It's totally official this time!

The Kimkins Class Action Lawsuit is CERTIFIED!

Now on to the next step!

There are 12 Steps of a Class Action Lawsuit
Filing – Case Initiated – A complaint is filed by the attorney(s) on behalf of the plaintiff(s).
Response – The defendant(s) respond(s) with an answer, motion to dismiss or other legal pleading.
Discovery – Both sides disclose evidence to each other that supports their respective cases.
Certification Request – Plaintiff(s) file(s) a motion to certify the case as a class action.
Certification Opposed – Defendant(s) file(s) opposing briefs to the plaintiff(s) motion for class certification.
Class Action Certification – Judge certifies or denies the class action (if the judge denies, the case can continue as individual lawsuit(s) filed by the plaintiff(s).
Notification – If certified, notification of class action to prospective claimants, who must choose whether to stay in the case or file their own individual case.
Trial – Case is either set for trial, in trial, or has been tried before a judge or jury.
Appeal – A judgment of the trial court has been appealed to a higher level court.
Settlement Phase – Deadline is set for class action members to submit claims with supporting documentation.
Pay Out – Proceeds are distributed to class members.
Dismissed – A case can be dismissed at any point during the ten-stage process. This is not actually a stage, but the end of the process. This means that the case has terminated, at least for now, without the plaintiffs receiving any relief. The plaintiffs may have voluntarily dismissed the case, or the court may have ordered the case to be dismissed. Depending on the circumstances, the plaintiff may be able to file the action again later.
NOTE: The steps outlined above are only meant as a general guide, and may not be applicable to all class action cases. Some class actions will proceed to trial when settlement between the parties cannot be reached.

Diaz Case Is Dismissed!

What a wonderful way to start a Saturday morning!

We've got great news from John Tiedt and Scott Clarkson today!

The US Bankruptcy Court has DISMISSED the Diaz Case!

A tremendous THANK YOU to both John Tiedt and Scott Clarkson for their determination and perseverence in pursuing this case.

The Bankruptcy was just an obstacle with which Ms. Diaz attempted to slow down the wheels of justice. The obstacle has been removed and the wheels will continue moving. It's not over just yet. There is still much more to be done. Stay tuned. We'll keep you posted of the progress, as we can.

BREAKING NEWS

(que ticker tape sound)

This just in ...

A message from the Kimkins Class Action attorney ...
In the matter of the counter suit filed against several of the witnesses in the case against Heidi Diaz and Kimkins ...

"All seven of our motions to quash were granted today. Heidi lost. Heidi’s new attorney showed up today and tried to get the court to continue the matter but the judge emphatically denied that request. The court decided to hear all 7 since Mr. Peabody showed up."

Great job, John!

My guess is Mr. Peabody's usefulness to Heidi has worn itself out as of today. At the least, I hope he understands that he has hitched his wagon to a falling star ...

Top Notch Bankruptcy Attorney Added to Legal Team

John Tiedt, Kimkins Class Action Lawsuit attorney, has now secured the services of Scott C. Clarkson, a specialist in bankruptcy and reorganization, to take on the task of attacking head on Heidi Diaz's latest attempts to use the court system to thwart the civil actions being taken against her.

There is a saying ... Birds of a feather flock together. When you consider the caliber of legal representation that John brings to our side of the table that saying certainly is proving to hold true.

For more details, please read:

Prudentia - Allow Me To Introduce...

Extra Extra Read all about it.......

Case RIC483005 - FENDERSON VS DIAZ
Action:

HEARING RE: MOTION TO/FOR CLASS CERTIFICATION * BY JEANESSA FENDERSON
01/14/2009 - 8:30 AM DEPT. 04

HONORABLE MICHAEL B DONNER, PRESIDING
CLERK: L. HALL
COURT REPORTER: T. FOSTER
JEANESSA FENDERSON, KARIN BILLECI, TRISTA ESSEX, HEIDI MARTINEZ, KATHLEEN ROGERS, DIANA SHERBY REPRESENTED BY MICHAEL L COHEN A PROFESSIONALLAW CORP - JOHN TIEDT PRESENT.
MOTION FOR CLASS CERTIFICATION IS GRANTED.
FORMAL ORDER TO BE PREPARED, SERVED AND SUBMITTED BY COUNSEL FOR PLAINTIFF

Heidi files for Bankruptcy

We’ve all known for a while now that the Kimkins Diet was nutritionally bankrupt.

Now, in an obvious attempt to throw a wrench in the works of the pending litigation and slow the wheels of justice, Ms. Diaz has filed today for Chapter 11 Bankruptcy protection. Ironically, the Kimkins Class Action Lawsuit had a class certification hearing scheduled for Wednesday, January 14. Now all that is on hold, as the Bankruptcy Court now has jurisdiction.

Kimkins Class Action Lawsuit attorney, John Tiedt says, “We will not be deterred. We will not stop until we have justice. We anticipated the possiblity of bankruptcy. This is Ms. Diaz’s third bankruptcy. We are now obtaining a bankruptcy litigator to join our team. Our attack on the bankruptcy will start immediately. I will never stop.”

Ms. Diaz’ bankruptcy application was filed by her latest attorney, Timothy Peabody, Esq. She must feel that three times is a charm, as this is her third time filing for bankruptcy.

Ms. Diaz recently dismissed the attorney who represented her for the Kimkins Class Action Lawsuit,

Bert Cottle. Perhaps Mr. Cottle was not well versed in bankruptcy law?

Stay tuned for more of Kimmer’s shenanigans as they are revealed.

For further reading:

Prudentia: Out of the hat comes ...
Prudentia: Can a Leopard Change Spots?
Prudentia: It's That Pesky Lawsuit, I Tell You!
Prudentia: Finer Points
Prudentia: Setting the Record Straight

Kimkins year end review

Having lived through this past year following the Kimkins Scam from the frontlines—you would think not much has happened. You would be wrong.

Cleo was good enough to give us a rundown of the year.

The Lighter Side of Low-Carb: 2008: A Kimkins Year in Review

Let’s not forget all the wonderful publicity Heidi has gained for herself:

Diet Scams: Top 10 Worst Diets of 2008

3. Kimkins. Gives sketchy advice like super-low calorie levels and also laxatives (eeek!), but finding out that the diet’s supposed inventor and biggest success story actually weighs over 300 pounds must have been très awkward.

A Roundup of the Top News Stories in Diet and Food from 2008

This year also saw a lot of scandal around the Kimkins Diet, a plan called a hoax starvation diet by people now involved in a class-action lawsuit against the founder of the diet plan, Heidi Diaz (also known as Kimmer, who claimed to have lost 198 pounds on the plan but really used pictures from a Russian mail order bride website as her after pictures).

Diaz in turn filed a lawsuit against people she says sullied her name and interfered with her business, and Woman’s World magazine apologized for featuring the diet plan in its pages.

Corona woman’s diet program given low marks | Inland News | PE.com | Southern California News | News for Inland Southern California

A Corona woman’s Internet-based weight-loss program has been named the worst diet product of 2008 by a healthy-eating Web site.

In announcing winners of its 20th annual Slim Chance Awards, the Healthy Weight Network — an online forum for health care professionals, researchers and consumers — said the Kimkins low-fat, low-carb diet amounts to a “starvation diet” that deprives members of many nutrients.

continue reading

Kimkins Diet Update

Last year I reported quite a bit about a supposed “low-carb diet” that was making quite a lot of news, called Kimkins. It turned out to be an unhealthy, dangerous diet that has generated a class action lawsuit. I wrote a review of the Kimkins diet in 2007, and then followed up on it with more information as it became available, including reporting on multiple types of fraud perpetrated by the owner, Heidi Diaz.

Unfortunately, the wheels of justice turn slowly, and the Kimkins site is still up. I checked in on it recently, and although there are a few minor changes in the diets offered by Kimkins, the essential diet, and my objections to it, remain unchanged.

Low-Carb Lifestyle Examiner: And the ‘Worst Product’ of the year diet award goes to…Kimkins!

One of the chapters of that book will be on the Kimkins diet scam.

After promoting this diet on my blog for months because it seemed to be helping people find their path to genuine weight loss, I realized thanks to the gentle nudge of some friends who delved deeply into the Kimkins plan that this was nothing more than a “starvation diet” that was encouraging lower and lower calories while cutting out the fat and the carbohydrates and promoting its members take laxatives (what was known as “the plan behind the plan”). EEEEK! This was so shocking to me that I wrote an open apology to my readers for exposing them to this dangerous diet scheme.

continue reading

Consumer Health Digest, December 23, 2008

Slim Chance Awards issued. Frances M. Berg, M.S., who operates the Healthy Weight Network has issued the 20th annual set of “Slim Chance Awards” to weight-loss scheme promoters. Her 2008 picks are:

Worst product: Kimkins diet. Heidi “Kimmer” Diaz promised loss of up to 5% of body weight in 10 days. She also claimed to have lost 198 pounds in 11 months and showed before-and-after pictures that turned out to be fakes. Many users developed chest pains, hair loss, heart palpitations, irritability, and menstrual irregularities caused by the near-starvation (500 calorie per day) diet.

continue reading

Denver Low-Carb Examiner: New Year’s diet plans: Resolve not to get ripped off

Membership Websites: There are online sites that charge you to join to get access to their diet plans, discussion forums and recipe sites. Some charge per month while others offer a lifetime membership. The problem with these sites is you can’t see what the plan is until you’ve already ponied up the cash to join. You have no way to evaluate the quality of the information being offered, or if the dietary advice you are getting is even medically safe or sound.

In one well publicized case, a woman running a diet site claimed to have lost 198 pounds in a year, and maintained her weight loss for over 5 years. Her site offered the way to lose weight “just like her” if you paid $59.95. After an investigation prompted by a disgruntled business partner and upset members who were denied access to the site after paying for the “lifetime” membership, it was revealed that the diet’s founder was, in fact, over 300 lbs. She had not lost 198 pounds. Her “after” photo she used on her site and in an issue of Women’s World magazine was lifted from a Russian Bride website. Not only was her photo faked, several other “success” stories were fictitious, their photos also coming from Russian dating sites. (more) This diet founder is now the target of a lawsuit for her fraud as well as health problems experienced by those who followed her plan.

continue reading

‘Worst’ diet promotions of the year | Julie’s Health Club - Where alternative and mainstream health meet

WORST PRODUCT – Kimkins diet. Heidi “Kimmer” Diaz charged users access to her Internet diet, claiming they could lose up to 5 percent of weight in 10 days safely and permanently. Essentially it is a starvation diet, and members complained of chest pains, hair loss, heart palpitations and menstrual irregularities. Eleven are now suing Diaz.

continue reading

Fraud and Quackery

To call 2008 a typical year in the weight loss field would be too easy. This year’s awards go to an infamous huckster of diet infomercials, known for his outrageous disregard of injunctions against him; $139 body-shaping jeans impregnated with substances that supposedly reduce cellulite; a pill that’s “proven” to help your belly fat vanish; and a dangerous starvation diet launched recklessly on the Internet with promises of safe, fast and permanent weight loss.

WORST PRODUCT: Kimkins diet. It must have seemed an easy way to get rich quick. Founder Heidi “Kimmer” Diaz set up a website and charged members a fee to access the Kimkins diet, boasting they could lose up to 5 percent of their body weight in 10 days. “Better than gastric bypass,” there was “no faster diet,” and in fact she herself had lost 198# in 11 months. Stunning “after” photos were displayed. In June 2007 Women’s World ran it as a cover story, and that month alone PayPal records show the Kimkins site took in over $1.2 million. Then users began complaining of chest pains, hair loss, heart palpitations, irritability and menstrual irregularities. This was not surprising since Kimkins is essentially a starvation diet, down to 500 calories per day and deficient in many nutrients (appallingly, laxatives are advised to replace missing fiber). In a lawsuit, 11 former members are uncovering a vast record of Diez’s alleged fraud. They found that the stunning “after” photos, including one of Kimmer herself, had been lifted from a Russian mail order bride site. According to a deposition reported by Los Angeles TV station KTLA, Diaz admitted using fake pictures, fake stories and fake IDs, and a judge has allowed the litigants to freeze some of her assets.

continue reading

Kimkins: Does Kimkins Work?

With the amount of controversy surrounding this diet, it is a wonder that the website still operates or that anyone would sign up for the plan.

Kimkins was founded by ‘Kimmer’, a formerly obese woman who claimed to have lost 200lbs in a year by following her own low-carb, high-protein diet. She developed a diet plan based on her own experience and built a whole Kimkins empire, including diet program, e-book and Kimkins products. The diet appears to have had an enormous amount of followers who seem to have achieved substantial amounts of weight loss. However, there is a very dark side to this ‘success story’ which has recently been exposed through a number of online dieting sites, forums and even news media.

The controversy concerns the fact that not only is Kimkins extremely low calorie, to the point where some have described it as a starvation diet, but that ‘Kimmer’, whose real name is Heidi Diaz, never actually lost the amount of weight as claimed, and, judging by recently taken photos, is certainly still obese. Added to this is the fact that ‘Kimmer’ has no professional qualifications as a dietician or nutritionist but continues to take money from overweight individuals desperate to lose weight in whatever way possible.

continue reading

AOL Body Web Site’s Notes | Facebook

Worst Product — Kimkins diet. Five percent body weight gone in 10 days if you pay a fee on-line for the Kimkins diet plan. Turns out founder Heidi Diaz admitted using fake pictures and stories to promote this starvation diet, leading some to complain of chest pains, hair loss, heart palpitations, irritability and menstrual irregularities. Yes, there’s a lawsuit.

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That’s Fit

Worst Product — Kimkins diet. Five percent body weight gone in 10 days if you pay a fee on-line for the Kimkins diet plan. Turns out founder Heidi Diaz admitted using fake pictures and stories to promote this starvation diet, leading some to complain of chest pains, hair loss, heart palpitations, irritability and menstrual irregularities. Yes, there’s a lawsuit.

continue reading

This is just the type of publicity I love to see.

SLAPP lawsuit filed in the Kimkins case

There’s a new wrinkle in the ongoing litigation against Heidi Diaz AKA Kimmer. Heidi has filed a cross complaint against a heap of folks.

Heidi, Heidi, Heidi…..

When will you ever learn…..

We don’t scare that easily.

Here’s what she is suing for:

1. Interference with Contract
2. Interference with Economic Advantage
3. Slander/Libel
4. Invasion of Privacy
5. Civil Conspiracy; and last but not least…
6. Intentional Infliction of Emotional Distress.

Give me a friggin break here. Look at all the damage she has caused and still continues to cause. She might have white washed her site. But believe you me it is still business as usual around the kimpire.

Check here for info on the SLAPP lawsuit:

Prudentia: Understanding SLAPP
Prudentia: History of SLAPPs and the SLAPPback
Prudentia: A Matter of Public Interest
Prudentia: 40,000 Points of Light
Prudentia: It's So Hard to Say Goodbye for 40,000 Victims
Prudentia: Game On, Heidi. Game. On.
Prudentia: Important Lawsuit Information

Calling All former Kimkins members from San Diego County

If you are a former Kimkins member and you reside in San Diego County, John Tiedt would appreciate hearing from you at your earliest convenience.

Please email John or use the Contact Us form on his website.

If you know of any former Kimkins members in San Diego County, please be sure to let them know that John Tiedt is looking for their assistance.

Everyone can help by spreading the word.

Thank you very much for your help.

~*~*~*~

For those who may not already know, John Tiedt is the lawyer handling the Kimkins Class Action Lawsuit.

I do hope that all former Kimkins members will consider joining the Kimkins Class Action Lawsuit, if you have not already done so. There is strength in numbers.

If you have already joined the Lawsuit via email, please be sure that you get your affidavit to John as soon as possible.

Remember, if you need any help with completing this, be sure to watch the helpful video.

Thank you!

More Info Needed by Attorney

The latest from Jeanessa:

I want to send out a resounding thanks to everyone who has sent information in to John Tiedt to assist in the prosecution of the Kimkins Class Action Lawsuit! He’s gotten a lot of information and is having a tough time wading through all of it.

So, we’ve set up a new email address where evidence, screenshots and other tips and suggestions can be sent.

kimkinscase@gmail.com

As a reminder:

Here is a list of the items we need in order to continue the prosecution of our case:

1.) All Kimkins.com screenshots containing false testimonials by Kimmer;

2.) All Kimkins.com screenshots containing false testimonials by anyone other than Kimmer;

3.) All Kimkins.com screenshots wherein the use of laxatives was advised;

4.) Any and all rumors about the Kimkins diet advocated by Heidi Diaz or any of her alter egos (e.g., Jessica Alba lost weight on Kimkins);

5.) All instances wherein Heidi Diaz used an alter ego/another name to acquire assets;

6.) Any evidence implicating Delaney Deaver in engaging in fraudulent conduct or ratifying fraudulent conduct of Heidi Diaz;

7.) A copy of any letter, email, or any other document sent to Heidi Diaz/Kimkins.com complaining of an adverse event or injury as a result of the Kimkins diet.

Remember if you want to send new or old information, tips, suggestions or thoughts to John and his team, please send them to kimkinscase@gmail.com so that information can be well-organized! Thanks for all of your help!

Insider Exclusive–Kimkins Diet Scam

The Exclusive Stories Behind The Headlines

Headline Legal News - Kimkins Diet Scam

VIEW ONLINE VIDEO

Transcript

Steve Murphy interviews Attorneys John Tiedt and Michael Cohen; Dr. Americo Simonini; and former Kimkins member, Terry Lind, about the Kimkins Diet Scam.

For those who are unable to view the videos, you can now read the Transcript of the show graciously provided by Elle.

Steve Murphy

Steve Murphy is the exclusive Senior Producer of Sky Radio Network's worldwide business and legal shows, which are broadcast 24/7 on over 85,000 monthly flights to over 22 million listeners worldwide reporting the news, breaking headlines, legal developments, captured from his distinguished legal and business guests. Steve is also the President of PRI Inc, and also represents leading law firms and major fortune 500 companies in developing strategic business plans and the recruitment of key business and legal executives.

Steve has written over 20 books and numerous magazine and news articles on a diversity of subjects ranging from International Trade to Banking, Commercial Real Estate, general business books, and many more.

A SHORT SEGMENT FROM YOUTUBE

Heidi's Assets to Remain Frozen

The latest update from Jeanessa:

John met with the judge overseeing the case and opposing counsel in a hearing today after Heidi and her legal team filed a legal motion to remove the writ of attachment that has frozen Heidi’s assets. The motion to remove the attachment was denied.

Still, there is work ahead! John has sent a letter to current and potential class reps that I am including for download (just right-click and Save as). In it, he states the following:

Here is a list of the items we need in order to continue the prosecution of our case:

1.) All Kimkins.com screenshots containing false testimonials by Kimmer;

2.) All Kimkins.com screenshots containing false testimonials by anyone other than Kimmer;

3.) All Kimkins.com screenshots wherein the use of laxatives was advised;

4.) Any and all rumors about the Kimkins diet advocated by Heidi Diaz or any of her alter egos (e.g., Jessica Alba lost weight on Kimkins);

5.) All instances wherein Heidi Diaz used an alter ego/another name to acquire assets;

6.) Any evidence implicating Delaney Deaver in engaging in fraudulent conduct or ratifying fraudulent conduct of Heidi Diaz;

7.) A copy of any letter, email, or any other document sent to Heidi Diaz/Kimkins.com complaining of an adverse event or injury as a result of the Kimkins diet.

The rest of the letter can be downloaded via the following link:

Class Letter 032108

Any information that you have can be sent to me at kimkinslawsuit@yahoo.com or to John at jtiedt@tiedtlaw.com.

Any help would be appreciated.

Latest Update on the Kimkins Class Action Lawsuit

To Plaintiff Class Representatives
and Potential Class Members

Class Letter and Exhibits(pdf)

Download the latest updates from John Tiedt. A full synopsis is given on the Class Action Lawsuit to date. There are some very surprising facts in the update, so stay tuned for further news.