Kimkins Class Action Lawsuit

Official Notice of Pendency of Class Notice

2009-11-10T11:43:00.000-08:00

Here is the notice that has now been approved by the Court. I will post a copy of the notice including the Judge's signature as soon as it is provided to me.

Please pass this on - forward it to every party you might think remotely interested, including media outlets you think may have an interest in sharing this information. If you are familiar with anyone who joined Kimkins, please direct them to this notice so that as many of the 40,000 people affected by Heidi's little scam as possible will have the opportunity to know they are part of the class and can opt out, preferring instead to allow Heidi to keep their money, or, perhaps, retaining their right to sue her independently.

If you previously posted this on your blog, please replace the pending version with this official one. Thank you!

Hear that banging sound? Just another handful of nails ...

NOTICE OF PENDENCY OF CLASS ACTION

TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007

PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.

INTRODUCTION

1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.

2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.

3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business & Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.

4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.

THE LITIGATION

The Plaintiffs’ Claims

5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.

6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:

• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com
• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”
• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss
• that Diaz and Kimkins provided false or misleading information to Women’s World magazine
• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web
• that Diaz and Kimkins made up celebrity endorsements
• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law
• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim
• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.

The Defendants’ Position

7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.

THE COURT’S CLASS-CERTIFICATION ORDER

8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.

9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.

THE COURT HAS NOT EXPRESSED ANY OPINIONS
REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS

10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.

INSTRUCTIONS TO CLASS MEMBERS

11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.

OPT OUT OF CLASS ACTION LAWSUIT

12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt & Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.

WHERE TO GO & WHOM TO CONTACT
SHOULD YOU NEED MORE INFORMATION

13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:

• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/ . You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.

• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:

John E. Tiedt & Marc S. Hurd
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

Michael L. Cohen
Michael L. Cohen, a PLC
707 Wilshire Blvd., Suite 4100
Los Angeles, California 90017

Ray Moore
Moore Winter McLennan LLP
701 N. Brand Blvd., Suite 200
Glendale, California 92103-4232

If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.

There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.

DATE: ___________________________, 2009

____________________________________
Hon. _________________________,
Presiding Judge

Courts Subsequent Ruling on 11/02/09

2009-11-03T19:17:00.000-08:00

From the Riverside Court Website minutes:

COURTS SUBSEQUENT RULING ON 11/02/09 @ 08:00 FOR DEPARTMENT RIDST 11/02/2009 - 8:00 AM DEPT. 05

HONORABLE MARK E JOHNSON, PRESIDING
CLERK: M. MARTINEZ
COURT REPORTER: NONE

COURT SUBSEQUENTLY RULES:
ORDER REGARDING CLASS THE COURT MAKES THE FOLLOWING ORDER REGARDING
CLASS NOTICE. THE NOTICE SHALL READ AS FOLLOWS:
HEIDI DIAZ AND KIMKINS.COM ARE DEFENDANTS IN A LAWSUIT THAT HAS BEEN CERTIFIED AS A NATIONWIDE
CLASS ACTION: JEANESSA FENDERSON, ET AL. V HEIDI DIAZ, ET AL., CASE NO. RIC483005, PENDING IN THE
RIVERSIDE COUNTY SUPERIOR COURT IN RIVERSIDE, CALIFORNIA. TO LEARN MORE ABOUT THE LAWSUIT,
PLEASE CLICK ON THE FOLLOWING LINK:
THE TEXT SHOULD BE PROMINENTLY DISPLAYED ON THE LOWER HALF OF THE FIRST PAGE OF THE KIMKINS.COM
WEB SITE. IT SHOULD BE 12 POINT, TIMES NEW ROMAN FONT WITH A BOX AROUND IT AS ABOVE.

CLERK'S CERTIFICATE OF MAILING RE: MINUTE ORDER
NOTICE SENT TO MICHAEL L COHEN A PROFESSIONALLAW CORP ON 11/02/09
NOTICE SENT TO MOORE WINTER MCLENNAN LLP ON 11/02/09
NOTICE SENT TO TIEDT & HURD ON 11/02/09
NOTICE SENT TO LAW OFFICE OF TIMOTHY P PEABODY ON 11/02/09
NOTICE SENT TO LAW OFFICES OF COTTLE & KEMP ON 11/02/09
NOTICE SENT TO COTTLE & KEEN ON 11/02/09

Hearing Re Finalizing of Notice 10/29/09

2009-10-30T08:19:00.000-07:00

From the Riverside Court Website minutes:

HEARING RE FINALIZATION OF NOTICE 10/29/2009 - 8:30 AM DEPT. 05
HONORABLE MARK E JOHNSON, PRESIDING
CLERK: D. MATHIEU
COURT REPORTER: D. FRINGER
JEANESSA FENDERSON REPRESENTED BY MICHAEL L COHEN A PROFESSIONALLAW CORP - JOHN TEIDT PRESENT.
HEIDI DIAZ REPRESENTED BY LAW OFFICE OF TIMOTHY P PEABODY - TIMOTHY PEABODY PRESENT.
FINALIZATION OF NOTICE IS TAKEN UNDER SUBMISSION.
TRIAL SETTING CONFERENCE SET FOR 04/27/10 @ 08:30 IN DEPT. 01.
TRIAL STATUS CONFERENCE SET.

Courts Subsequent Ruling on 10/27/09

2009-10-28T17:21:00.000-07:00

From the Riverside Court website:

COURTS SUBSEQUENT RULING ON 10/27/09 @ 08:30 FOR DEPARTMENT 05 10/27/2009 - 8:30 AM DEPT. 05
HONORABLE MARK E JOHNSON, PRESIDING
CLERK: M. MARTINEZ
COURT REPORTER: NONE
COURT SUBSEQUENTLY RULES:
ORDER REGARDING CLASS NOTICE: THE COURT FINDS THAT CLASS MEMBERS SHOULD BE
ALLOWED TO OPT OUT IN CONNECTION WITH THE CLASS ACTION CERTIFIED IN THE ABOVE ENTITLED ACTION.
THE CLASS ACTION WAS NOT CERTIFIED FOR THE PERSONAL INJURY CLAIMS ALLEGED BY CLASS
PLAINTIFFS. FAILURE TO ALLOW CLASS MEMBERS TO OPT OUT OF THE ACTION MAY IMPAIR OR ELIMINATE
POTENTIAL PERSONAL INJURY CLAIMS BECAUSE A JUDGMENT IN THIS ACTION COULD BAR RECOVERY IN
ANY LATER PERSONAL INJURY ACTIONS BROUGHT BY CLASS MEMBERS AGAINST DEFENDANTS. (SEE HICKS V.
KAUFMAN & BROAD (2001) 89 CAL.APP.4TH 908 924-925.)
THUS, IT APPEARS THAT THE OPPORTUNITY TO OPT OUT OF THIS CLASS ACTION IS NECESSARY. (SEE
PHILLIPS PETROLEUM CO. V. SHUFFS (1985) 472 U.S. 797, 811-812.) ACCORDINGLY, PLAINTIFFS PROPOSED
CLASS NOTICE NEEDS A STATEMENT WHICH GIVES POTENTIAL CLASS MEMBERS WHO MAY HAVE SUFFERED
PERSONAL INJURIES AN APPROPRIATE CAVEAT REGARDING POTENTIAL PERSONAL INJURY CLAIMS,
PROVIDES THE OPPORTUNITY TO OPT OUT, AND PROVIDES A PROCEDURE FOR OPTING OUT. (SEE
CHAVEZ V. NETFLIX (2008) 162 CAL.APP.4TH 43, 57.)
IN ADDITION, PLAINTIFFS SUBMISSION DOES NOT EXPLAIN WHY CLASS NOTICE CANNOT BETTER BE
PROVIDED THROUGH DEFENDANTS OWN WEBSITE TO ALL PERSONS WHO SIGNED UP THROUGH THE WEBSITE.
ACCORDINGLY, THE COURT ORDERS THAT CLASS NOTICE SHALL BE PROVIDED THROUGH DEFENDANTS WEBSITE.
THE COURT MAKES THIS DECISION BECAUSE THE LAWSUIT HAS ALREADY BEEN REFERENCED ON THE
KIMKINS WEBSITE. THE NOTICE MAY BE THROUGH A LINK ON THE WEBSITE WHICH LEADS TO THE CLASS
NOTICE.
FINALLY, ALL REFERENCES TO THE "PENDING MOTION FOR SUMMARY JUDGMENT" SHALL BE REMOVED FROM THE
CLASS NOTICE.
NOTICE TO BE GIVEN BY COURT
CLERK'S CERTIFICATE OF MAILING RE: SUBSEQUENT RULING
NOTICE SENT TO MICHAEL L COHEN A PROFESSIONALLAW CORP ON 10/27/09
NOTICE SENT TO MOORE WINTER MCLENNAN LLP ON 10/27/09
NOTICE SENT TO TIEDT & HURD ON 10/27/09
NOTICE SENT TO LAW OFFICE OF TIMOTHY P PEABODY ON 10/27/09
NOTICE SENT TO LAW OFFICES OF COTTLE & KEMP ON 10/27/09
NOTICE SENT TO COTTLE & KEEN ON 10/27/09

Hearing Re Motion for Order For Conduct of Class Action 10/15/09

2009-10-17T07:24:00.000-07:00

from the Riverside Court website:

HEARING RE MOTION FOR ORDER FOR CONDUCT OF CLASS ACTION 10/15/2009 - 8:30 AM DEPT. 05
HONORABLE MARK E JOHNSON, PRESIDING
CLERK: M. MARTINEZ
COURT REPORTER: D. FRINGER
JEANESSA FENDERSON, KARIN BILLECI, TRISTA ESSEX, HEIDI MARTINEZ, KATHLEEN ROGERS, DIANA SHERBY, CONNIE STEINROCK, CATHERINE MCGINNIS REPRESENTED BY MICHAEL L COHEN A PROFESSIONALLAW CORP - MICHAEL COHEN AND JOHN TIEDT PRESENT.
HEIDI DIAZ REPRESENTED BY LAW OFFICE OF TIMOTHY P PEABODY - TIMOTHY PEABODY PRESENT.
COUNSEL ARGUE.
MATTER TAKEN UNDER SUBMISSION.
HEARING RE FINALIZATION OF NOTICE SET 10/29/09 AT 08:30 DEPT 05
NOTICE WAIVED.

Case Management Statement by Heidi Diaz

2009-10-16T09:32:00.000-07:00

10/14/2009

CASE MANAGEMENT STATEMENT BY HEIDI DIAZ FILED UNTIMELY PURSUANT TO CRC 3.725

Opposition to Motion for Summary Judgement

2009-08-12T18:45:00.000-07:00

from Riverside Court website:

08/10/2009
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT BY HEIDI DIAZ, KIMKINS FILED

Proposed Notice of Pendency of Class Action

2009-06-26T20:21:00.000-07:00

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

2009-06-02T12:31:00.000-07:00

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!

2009-05-20T10:00:00.000-07:00

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!

2009-03-28T10:30:00.000-07:00

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

2009-01-27T11:48:00.001-08:00

(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

2009-01-21T20:07:00.000-08:00

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.......

2009-01-16T14:37:00.000-08:00

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

2009-01-12T14:36:00.000-08:00

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

2009-01-04T15:32:00.000-08:00

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.

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

SLAPP lawsuit filed in the Kimkins case

2008-10-29T14:36:00.000-07:00

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

2008-04-10T08:05:00.000-07:00

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

2008-04-01T19:16:00.000-07:00

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

2008-04-01T17:19:00.000-07:00

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

2008-03-21T23:17:00.000-07:00

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

2008-03-14T07:02:00.000-07:00

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.

Plenty of Time to Join the Lawsuit

2008-03-07T08:17:00.000-08:00

Join the lawsuit.

Plenty of time remains to join the lawsuit. The more numbers behind us, the stronger we are. We are still in need of class reps and every voice against this fraud counts. Simply follow these simple instructions.

Here are the Form Affidavit and Form Declarations that need to be submitted to John Teidt for inclusion in the Kimkins.com lawsuit.

form-declaration.doc

form-affidavit.doc

If you are NOT a California resident, download the Form Affidavit, fill in your name, payment info, etc. and take the form to be notarized at your local bank, etc. prior to mailing.

If you are a California resident, download the Form Declaration, fill in your name, payment info, etc. and mail.

The forms go to:

Law Offices of John E. Tiedt

980 Montecito Dr # 209

Corona, CA 92879-1793

In addition, send your name, address, day and evening phone number, approximate join date and amount paid to Kimkins.com to kimkinslawsuit@yahoo.com

Jeanessa is keeping a database of lawsuit members for John that she updates and shares with him every week. This database is important since he uses it to calculate all damages and to keep contact information for lawsuit participants in the event that he makes a statement or needs to share info.

SPECIAL NOTICE
Former Kimkins Members in San Diego County

If you are a former Kimkins member and you reside in San Diego County, John Tiedt would like to hear from you.

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

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. 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 this, be sure to watch the helpful video.

Thank you!

Message From Jeanessa

2008-02-28T20:49:00.000-08:00

To Heidi, the Principals, my Fellow Duckies and all who are interested…

First of all, I’m angry. So, this probably won’t carry the polite tone I try to keep in my normal, everyday interactions with everybody. Forgive me now and let’s keep it moving.

I can’t thank the principals and others enough for being brave enough to put their names and faces on the fight against Kimkins and I can’t thank the Duck Squad (of which I am proud, card-carrying member!) enough for working hard and never letting up on revealing the lies and providing the information that has been needed to get this case off the ground. That being said, it has come to my attention that at least one of the principal representatives in the consumer fraud class action lawsuit against Kimkins.com and Heidi Diaz has been potentially scrutinized by Heidi and, possibly, her defense team.

I was well aware of the potential for this type of thing and did try to warn anyone who was interested in standing up against Heidi that this might be the case as the court proceedings progressed. So, rest assured, none of us has gone into this with our eyes closed.

Still, I have a few things to say.

Heidi, I understand that you are backed into a corner and are trying to strike out any way that you know how. I can appreciate that. But I also want to point out that you would not be in the corner you’re in if you hadn’t decided to scam us in the first place.

This lawsuit is not about you cleaning up your act and trying to establish a website and diet plan that follows the rules. This lawsuit is not about you telling the truth after the fact. This lawsuit is about the years of lies and web of deceit that you used to cheat desperate, overweight women out of millions of dollars.

I can empathize with the struggles you’ve had in your life and with the gratification that the adulation you received via weight loss messageboards over the last decade or so has provided for you and if you had stopped there, I would have nothing to say to you. But you crossed a line when you used your lies and deceit to get my money and the money of other people like me.

You committed a crime and your main defense is to blame the victim. A rape victim’s name can no longer be sullied simply because she wore a short skirt and was in the wrong place at the wrong time. Neither can the name of any of us Principals be sullied simply because we chose the wrong diet at the wrong time.

It doesn’t matter how many diets I’ve been on in the past.

It doesn’t matter how much weight I have gained and lost.

It doesn’t matter if my marriage failed.

It doesn’t matter if I have made poor life choices in the past.

It just doesn’t matter.

Because I am not responsible for your actions. You are.

You lied to get money. You committed consumer fraud in voilation of the business laws in the State and Country in which you reside and it is my intention to see you face litigation through the justice system.

My empathy and sympathy for you begins and ends back in 2005 when you decided to launch Kimkins.com. You have had numerous opportunities to change the course of what is happening to you. You made your choice.

John Tiedt informed me that my deposition will take place some time in the near future. I can’t wait for it. As you can see, I have plenty to say.

To the Principals, if anybody makes any contact with you, your friends or family in regards to Kimkins.com or Heidi Diaz, refer them to our attorney, John Tiedt. And if you need anything from me, I am a phone call or email away.

Play nice.

Kimkins Class Action Lawsuit Update

2008-02-23T06:48:00.000-08:00

Here's the latest update from the Kimkins Lawsuit:

1) John Tiedt has now officially taken 2 depositions of Heidi Diaz.

2) John Tiedt has now officially taken 1 deposition of Brandon Diaz

3) We have learned that while Heidi Diaz was profiting from Kimkins through the Women’s World surge et al, she was also still accepting payments and income from SSDI and Medicare.

4) Heidi Diaz is still currently making money and still in business, however we have acquired new information that affirms the belief towards her concealment of assets.

5) We have uncovered evidence of more fraud and false advertising.

6) Brian Pugh is not an attorney, but he is an employee of Bert Cottle, and Brian formed Sharp Plumbing LLC, Halcyon Web LLC and the Beauchamp Trust for Heidi Diaz. John Tiedt plans to complete a deposition of Brian Pugh in the near future.

7) Bert Cottle has filed a demurrer that we are confident will fail. In addition, Bert Cottle has put in a motion to set aside the writ of attachment that is in place on Heidi Diaz’s assets. It is entirely up to the judge and she will hand down her decision after she has reviewed all of the court documents on 3/21/2008.

Further updates will be posted as information becomes available.