I just wanted to say one last “Thank You” to Tom Roddy, from LowCarbFriends.com and Netrition.com.  Tom had been very helpful while working with us all in our endeavors to prevent Heidi Diaz from continuing to perpetuate her dangerous Kimkins Diet Scam.  Tom was even one of those named in Heidi’s countersuit.

I’ve been able to thank Tom, many times over, for all his help, but that certainly doesn’t prevent the sadness that comes from knowing he is gone.  We have lost a very dear friend in Tom.

My thoughts and prayers go out to his family and friends.

Tom Roddy, you will be greatly missed.  Rest In Peace.

Tom’s Obituary

from the examiner

Thread on Low Carb Friends

and also from Tom’s Family

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

 

 

Related News:

Diets in Review

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 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.

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)

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!

from www.easyweightlosscenter.com:

Kimkins Diet – World’s Most Dangerous?

Posted by Casey in Fad diets, Scams on Mar 2nd, 2008 |

The Kimkins diet is one of those truly dangerous fad diets that surface, gets really popular and then scores some bad publicity and fizzles out.

If you haven’t heard about this diet, heres the skinny on what the Kimkins diet is…er…was!

The Kimkins diet became popular in mid 2007 when Heidi Kimberly Diaz who then went by the name “Kimmer” claimed that she had followed a certain low carb diet resulting in 200 lbs in weight loss. The diet was featured in Women’s World magazine and people ate it up.

“Kimmer” who wasn’t even qualified as a nutritionist or doctor seem to be following a variation of another popular fad diet – the Atkins Diet. But her variation seemed to be basically a starvation diet which resulted in health issues which later developed in some of the members who was paying for a subsciption at her membership site.

“Kimmer” herself gained back 100 lbs but said that it had nothing to do with how the Kimkins diet worked. Personal issues was quoted as the cause.

As said before, the Kimkins diet is very dangerous since it is very low in calories, essential fatty acids, low in fiber and a whole lot of other nutrients. This is not the type of diet you want to do as it is medically unsound and potentially fatal.

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?

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

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!