Is Laura still at Kimkins?

Kimmer keeps recycling these old success stories.  Here’s another one:
Kimkins Success Laura

Laura Lost 52 Pounds With Kimkins Oct 14th

Laura tried a ton of diets including Weight Watchers. She went to a family reunion and saw her Aunt who had lost about 50 pounds! Laura was amazed by how good she looked and asked her what the secret was. Auntie told her all about Kimkins! After Laura joined the pounds started melting off …


Derek resurfaces?

Another recycled success story:

Success Derek Thumb

Derek Lost 125 Pounds In 6 Months Oct 5th

You’ve got to read Derek’s inspiring story of how he lost 125 pounds in 5-6 months with Kimkins! Derek was also surprised to find he also turned into a daily gym rat! “My life has changed so much for the better, it’s unreal.” says Derek …


 

Is this just a recycled old success story or is Derek really back at Kimkins?

Are there any NEW successes at Kimkins?


Thank you, Tom…

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

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

 

 

 

Related News:

Diets in Review

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)