NOTICE OF PENDENCY OF CLASS ACTION

Please be sure to share this with anyone and everyone who might have been a victim of the Kimkins Diet Scam.

 

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

Heidi Can’t Handle The Truth

Immediately following the hearing for the Motion of Summary Judgement, Heidi Diaz posted on the Kimkins site, her blogs, and various other social networking sites, claiming that the judge had DENIED the MSJ.

Once again, Heidi isn’t telling the truth.  Is anyone surprised by that?

As John Tiedt said when he heard about Heidi’s posts, “Justice delayed is NOT justice denied.”  The judge has postponed the hearing on the MSJ. It was NOT denied.

Perhaps Kimmer doesn’t realize the difference between delayed and denied??

Guru Sued for Alleged Diet Scam

Guru Sued for Alleged Scam Diet Program – FOX11 News – myFOXla.com

Riverside (myFOXla.com) – An internet diet guru says she’s lost 200-pounds on her diet program but her clients say they got ripped off big time.

A Riverside County court will decide the fate of alleged internet scammer, Heidi Diaz, who launched a very successful diet program called “Kimkins” that is said to have duped over 40,000 people and even major nation publications.

Watch the videos of the newscast.

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.   (click on the page you wish to read to enlarge it)

Breaking News:

This just in from John Tiedt -

The US Bankruptcy Court has dismissed the Diaz Case! 

 

 

 

 

Thanks John and Scott!

Now we can get back to work on the Kimkins Class Action Lawsuit!

The wheels of justice just keep on turning!

 

 

Clarkson Joins Kimkins “Dream Team”

We have all been anxiously awaiting to hear who the newest team member on the Kimkins “Dream Team” will be, ever since the Kimkins Class Action Lawsuit Attorney, John Tiedt, announced that they would be adding a bankruptcy litigator to the line up.

From John Tiedt today:

I am proud to announce that I have retained Scott Clarkson of Clarkson, Gore & Marsella.

Scott C. Clarkson – Attorney at Law

Primary Area of Law Practice is Corporate Insolvency and Reorganization, Federal and State Commercial Litigation, and General Business Law

Born in Houston, Texas; admitted to the Virginia State Bar in 1982, the District of Columbia Bar in 1987, and the California State Bar in 1989. Admitted to the United States Supreme Court, all State and Federal Courts in California, Virginia and the District of Columbia; Martindale-Hubbell AV Rated.

Education: Indiana University (B.A. 1979); George Mason University School of Law (J.D., 1982); Articles Editor, George Mason Law Review. Law Clerk to U.S. District Judge William L. Hungate, Eastern Division of Missouri, 1982.

Professional Affiliations:

• Immediate past chair (2005-2007), Los Angeles County Bar Association Bankruptcy Law Committee
• Current vice chair, Executive Committee of Commercial Law and Bankruptcy Section, Los Angeles County Bar Association
• Former Local Bankruptcy Rules Committee Chair Los Angeles County Bar Association Bankruptcy Law Committee
• Guest Lecturer, UCLA School of Law, Seminar in Corporation Reorganization
• LACBA Commercial Law and Bankruptcy Executive Section Legislative Chair
• Former Director of Los Angeles Bankruptcy Forum
• Member, South Bay Bar Association
• Member, Financial Lawyers Conference
• Member, American Bar Association
• Former Member of Advisory Board to Norton’s Annual Survey of Bankruptcy Law
• Former Legislative Director for U.S. Congressman Harold L. Volkmer, United States House of Representatives, assigned to House Judiciary Committee’s redrafting of the Federal Bankruptcy Code, 1977-79
• Bankruptcy Trustee, the District of Columbia and Eastern Virginia, 1979-82

Writings:

• Author: “Representing Creditors in Individual and Small Business Chapter 11 Cases”, Personal and Small Business Bankruptcy Practice in California, California Continuing Education of the Bar, 2003-2007.
• Author: “More About the Bankruptcy Act of 1978”, American Bar Association Journal, May 1979
• Author: “A Legislative History of the Bankruptcy Court System”, Annual Survey of Bankruptcy Law, Emory University, 1979.
• Coauthor: “Private Relief Legislation in the United States Congress”, West Federal Practice Manual, 1980; “The New RCRA: Legislative Mandates, Regulatory Resources”, Vol.1, No. 6, Hazardous Substances Journal, April 1986.
• Editor: “The Legislative History of Hazardous and Solid Waste Amendments of 1984”, Institute for Law and Public Health Protection, November, 1985; “The Legislative History of the Superfund Amendments of 1986”, Institute of Law and Public Health Protection, April 1987.

 

With those impressive credentials, it looks like Kimmer’s Divorce Attorney, Mr. Peabody, has his work cut out for him.  Wouldn’t you agree?

Kimkins Bankrupt?

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 shenangins as they are revealed.

 

Related Posts:

 

Kimkins.com goes to court to declare bankruptcy

Magicsmom’s Musings: Heidi Diaz files bankruptcy!

What a tangled web! « Kimkins Sucks

S.O.S. « HMS Kimtanic

What Makes A Credit Criminal? « AmyB: Food For Thought

A Merry Kimkins Christmas Present!

Checking in with Riverside Court Website tonight revealed a very interesting development:

It appears that instead of Christmas Shopping, Ms. Diaz may be shopping for a new attorney. 

What an interesting Christmas Present!

Riverside County Diet Guru Wins Dubius Honor

 

Riverside County Diet Guru Wins Dubius Honor

 

Heidi Diaz, (aka Kimmer, Kimberly Drake and many other aliases), the creator of the fraud fraught Kimkins Diet, is not only currently embroiled in the Kimkins Class Action Lawsuit, she has also just won another award:  The 2008 Slim Chance Award for Worst Diet Product.

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 (shockingly, laxatives are advised to replace the 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.

To see the complete list of 2008 winners go to  Fraud and Quackery

Ms. Diaz is famous for her use of pictures “borrowed” from Russian Bride web sites for her own “after” pictures and for those of the numerous fabricated “success stories” posted on her website.

 

For $79.95 one can join her website and receive a “lifetime” membership, which is apparently subject to whims of Ms. Diaz.  Those who have questioned the legitimacy of the pictures of the success stories, and/or have questioned the safety of the diet quickly find themselves banned from the website; their lifetime membership terminated.

 

One can also purchase a book version of Kimkins, with no access to the website, but it has been alleged that no such book even exists, and is just another way that Ms. Diaz is out to scam those who simply just want to lose weight.

 

It is sadly ironic that the obese Ms. Diaz has chosen to target other obese people with her diet scam.  Ms. Diaz “claimed” to have lost 198 lbs. in 11 months on her Kimkins Diet and kept the weight off for over 5 years, but photographs by a private investigator revealed that Ms. Diaz was not the svelte 118 lbs. beauty she claimed to be, but in fact was a morbidly obese 300+ lb. woman.

 

Woman’s World Magazine featured the Kimkins Diet in June of 2007 and helped Ms. Diaz scam the nation to the tune of approximately $2 million per month.  Woman’s World Magazine did publish a brief retraction, both in their magazine and on the web, but they have since removed the web page.  Woman’s World is not entirely blameless for their part in all this, as they too published a “Russian Bride” picture instead of one of the diet creator, who claimed her name was Kimberly Drake for the Woman’s World article.  Also, it is alleged that Woman’s World used a very LARGE pair of men’s jeans for the photo shoot involving Christin Sherburne, the Kimkins Cover Girl, for their cover, instead of an actual pair of her own pants the Ms. Sherburne brought with her.

 

Many of the members who have been locked out of Kimkins have banded together and are pursuing a class action lawsuit against Ms. Diaz and Kimkins.

 

Ms. Diaz has, however, turned the table on these class members, and is also counter suing them in return.

 

There are numerous appearances calendared for January 2009 for this case in the Riverside County Court.

 

It should be interesting to see how this all unravels for Ms. Diaz and her multi million dollar diet scam.

~~~

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MCN703, I bet your name isn’t even really Derek, is it?

Thanks to Amykf, we now know where Kimmer (aka Heidi Diaz) ”borrowed” the pictures for “Derek“, her latest Kimkins Success Story featured in the Kimkins November Newsletter .   Match.com, my goodness!  Not even a Russian Groom site?

I wonder how MCN703 will feel when he finds out that Kimkins.con has been using his likeness to promote a diet scam?  How will he feel about the fact that Ms. Diaz possibly used his pictures posted on Match.com to fabricate a much heavier ‘before’ picture for her “Derek”?

I bet the folks at Match.com won’t be very happy with Ms. Diaz either, when they find out. 

MCN703 (maybe Michael or Mark or Matthew or Miles, even) or Derek, if one of you would kindly get in touch with me, I would love to find out how much you really know about Kimkins, if anything at all. 

It is interesting that Ms. Diaz didn’t quite get all the facts copied exactly, since Derek is 6′2″ tall and MCN703 is only 6′1″ tall.

I wonder how his preference for meat and potatoes fits into the Kimkins Diet though?  Has there been a recent modification posted on the website to include potatoes?