Official Notice of Pendency of Class Notice

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

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.

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.

Message From Jeanessa

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

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.

Following the Kimkins Class Action Lawsuit

Follow along the course of the Kimkins Class Action Lawsuit.

Riverside Civil Court Open Access

Enter GUEST in the Operator Code
No Password Required
Log On

Click Name Search
Enter Diaz, Heidi
Click Search
Click Fenderson vs Diaz, Damages, RI483005

To download and view available documents in the case, click the camera icon found in the image column.

There is still plenty of time to join the lawsuit.

Do not allow Heidi Diaz to get away with fraud.

See Heidi Is Brought To Justice

In the earlier posts I left out vital information for those wishing to join the lawsuit.

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

Jeanessa left a comment here:

I am keeping a database of lawsuit members for John that I update and share 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.

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.

Why a class action lawsuit??

Class-action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm.

How does the judge determine class action status??

In federal civil procedure law, which has generally been accepted by most states (through adoption of state civil procedure rules paralleling the federal rules), the class action must have certain definite characteristics:

(1) the class must be so large as to make individual suits impractical
(2) there must be legal or factual claims in common
(3) the claims or defenses must be typical of the plaintiffs or defendants, and
(4) the representative parties must adequately protect the interests of the class. In many cases, the party seeking certification must also show
(5) that common issues between the class and the defendants will predominate the proceedings, as opposed to individual fact-specific conflicts between class members and the defendants
(6) that the class action, instead of individual litigation, is a superior vehicle for resolution of the disputes at hand

This shows the reasoning behind everyone joining. Don't depend on just a few handling the load. The more class representatives the better. The goal right now, in making this case go forward, is getting it certified with class action status.

JOIN THE LAWSUIT

Seeking Former Kimkins Members

In June of this year over 40,000 people joined Kimkins.com after the article in Woman's World magazine. Many of those never tried the Kimkins Diet after seeing what it really was. Some did try it and had considerable trouble with it. All of these people are eligible for the Class Action Lawsuit. There are others who many are very concerned about, read on to hear about them.

Medusa makes a plea to those who have dropped off the radar:

I am haunted by the many poignant posts by ex-members of Kimkins who are desperately seeking information on the whereabouts of their missing friends and fellow dieters who used to post on the Kimkins forums.

I am not speaking of members who said their goodbyes.

I am speaking of the members who, overnight, suddenly stopped posting, responding to e-mails, and disappeared entirely from the Kimkins website. And all of those missing were suffering serious ill effects from following the Kimkins starvation diet.

All attempts to contact the missing through posts and e-mails have been fruitless, and their concerned friends now fear the worst has happened.

I would ask that anyone who is trying to contact a missing friend from Kimkins to please leave a comment on this blog post, leaving your friend's username on Kimkins.

Take the time to heed the call to find these missing people. A life may be at risk.

How to Join the Class Action Lawsuit

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. Teidt
10370 Hemet Street, Suite 390
Riverside, California 92503

Big thanks goes out to Jeanessa for all her hard work and dedication to bring this lawsuit to fruition.

Join the Lawsuit Video

Joining a lawsuit is as easy as pie! All the dirty paper work has been done! Simply print up the forms (only 2 pages), take it to your local notary (bank, credit union, town hall) and sign in front of the notary. Get your stamp from the notary, drop in the mail, and give yourself a pat on the back.

Taking action on a scam is not only good for you, it’s good for the future of our justice system. If you’ve been slacking on getting this done, now is the time!

Be sure to bring a couple of forms of ID with you.

Special thanks to John Teidt for all his efforts in fighting Internet crime.

Thanks got out to Jill for doing this video.

Take Action

Several people have been banned, experienced health complications, and just plain tired of the fraud being perpetrated. Here are the links to file complaints and report fraud and abuse. Take action now. This must be stopped.

Sign the petition
Request for Kimkins Investigation Petition
This petition goes to the Federal Trade Commission, Better Business Bureau, and the California Attorney General.

Contact the Federal Trade Commission
Federal Trade Commission - Offices and Bureaus
The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel®, a secure, online database available to hundreds of civil and criminal law enforcement agencies worldwide.

Internet Crime Complaint Center
http://www.ic3.gov/complaint/
The IC3 is co-sponsored by the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C)

Lawsuit
Kimkinslawsuit’s Weblog

IRS tax fraud
To make a report to the IRS that Heidi Diaz may be committing tax fraud-
How Do You Report Suspected Tax Fraud Activity?

BBB
To do a review at the Better Business Bureau
Company Report
If you feel that Kimkins/Kimmer/Heidi Diaz has not been truthful in advertising and is dangerous. You may also wish to file a complaint (after posting a review) if it is appropriate to your situation.

California Department of Consumer Affairs
https://app.dca.ca.gov/cru/gencomplaint.asp

Office of the Inspector General
To Report Possible Social Security fraud
Report Fraud to the Hotline

Attorney General of California
Edmund G. Brown Jr., Attorney General in California
California Attorney General's Office
California Department of Justice
Attn: Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
Voice: (916) 322-3360 or
(Toll-free in CA) (800) 952-5225
Fax: (916) 323-5341

And/or complete this online form:
the General Online Complaint Form - California Department of Consumer Affairs

ConsumerAffairs.com
To report any type of consumer fraud or scams
Complaint Form

Complain to Woman's World
Ms. Stephanie Saible, Editor-in-Chief
Woman’s World
270 Sylvan Avenue
Englewood Cliffs, NJ 07632
DearWW@aol.com
wwfeatures@bauerpublishing.com

National Consumers League’s Fraud Center
Use this form to report suspected telemarketing or Internet fraud.
Online Fraud Report Form

Ripoff Report
Ripoff Report® is a worldwide consumer reporting Web site and publication, by consumers, for consumers, to file and document complaints about companies or individuals.
Register to file a report

Epinions.com
People search here for opinions on various things. So leave yours relating to Kimkins.
Become an Epinions member and publish your review.

TheSmokingGun.com
The Smoking Gun brings you exclusive documents--cool, confidential, quirky--that can't be found elsewhere on the Web. Using material obtained from government and law enforcement sources, via Freedom of Information requests, and from court files nationwide, we guarantee everything here is 100% authentic.
E-mail: editor@thesmokinggun.com

The Smoking Gun
600 Third Avenue
16th Floor
New York, N.Y. 10016
(212) 692-7840 or (212) 692-7849

Complaints.com Consumers in Control
Online compliant form

Complaints Board.com
Submit a Complaint

Address and Contact Information for Kimkins that is needed for the forms
Heidi Kimberly Diaz
Kimkins Address-
529 North McKinley Street 104-309
Corona,CA 92879
Phone-(951) 258-3976

Big thanks goes out to BamaGal for keeping this list up to date.