Tuesday, June 2, 2009

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.


Anonymous said...

Catherine MacDonald was a partner for a long time, what led to her not being included in this Class Action?

Seems that most sites informing or blogging aabout this case are registered to her.

Is she deflecting all blame to Heidi? Not saying courts shouldn't assess what Heidi did, just seems that if Catherine has a part she would be assessed as well. Or was she found clear of actions already?

Any enlightenment?

Becky said...

Anonymous, you're kidding, right? Nice try.
I don't see how anyone who knows as little as you claim to know about this would know much about Catherine MacDonald at all.

First, you are misstating facts. Catherine was not "a partner for a long time". Catherine was the original partner that Heidi Diaz used to set up the technical side of the website, but Catherine soon began to see an ugly side of things and to suspect shady dealings and dishonesty on the part of Heidi Diaz. She got out of that partnership as fast as she could after that, exactly because she is too honest and ethical to continue any dealings with Heidi Diaz. I think she was only there 6 months or so, and never deliberately defrauded anyone --- unlike her partner Diaz, who has admitted to cheating MacDonald out of her fair share of the split and has said she would do it again in a heartbeat.

Then, you are VERY mistaken when you say that most anti-Kimkins sites or blogs are registered to Catherine. You greatly underestimate Heidi's ability to offend, alienate, and anger HUGE numbers of people from all quarters with her vicious misanthropy. Heidi Diaz has earned a tremendous throng of enemies all on her own, who are motivated and capable of acting with no help from Catherine at all.

Finally, you are twisting words. "Is she deflecting all blame to Heidi?" Ha --- is that anything like asking "Do you still beat your wife?" She is not 'deflecting' blame to Heidi. Heidi is to blame. Period. The End. Heidi is the only one who deliberately set out to deceive, and she skillfully conned a succession of trusting people into helping her with her schemes.

I've known both Heidi Diaz and Catherine MacDonald. There is NO comparison! Catherine MacDonald is an unsung hero in this story who made the deal that got the PI photos that busted this whole thing wide open.

But then, no one knows that better than Heidi Diaz. Maybe that is why, through this whole thing and even now, the one person who keeps bringing up the name of Catherine MacDonald and trying to slam her is . . .Heidi Diaz herself.