Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website Kimkins.com for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz.

Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website.

An injunction was also issued to prevent Heidi Diaz from contracting, harassing or cyberbulling the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010.

The original complaint was filed over three years ago on October 15, 2007. I want to thank everyone who supported the class action lawsuit. The Ducks were wonderful. I met a lot of great people and made a lot of new friends fighting for a good cause. Heidi Diaz lied on her website and made the fatal mistake of lying in the courtroom. You cannot trust Heidi Diaz. I anticipate more legal (illegal) maneuvering by Heidi Diaz to evade the judgment. We will be prepared and I will be relentless. Again, I thank all you.

John E. Tiedt

TIEDT & HURD

980 Montecito Dr., Suite 209

Corona, CA 92879

Tel: (951) 549-9400

Fax: (951) 549-9800

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

From Inside Kimkins, Kimmer (aka Heidi Diaz, or Kimberly Drake, or whomever she is today) begins to attempt to do some damage control, after news of her bankruptcy was revealed.

 

A quick note from legal counsel:

“Kimkins has filed for protection under Chapter 11 of the bankruptcy
code. Chapter 11 is a rule which permits reasonable reorganization of
debts under the bankruptcy laws of the United States. Chapter 11
bankruptcy is available to any business, whether organized as a
corporation or sole proprietorship, and to individuals.

This will allow Kimkins, as a viable business, to continue to service
its customers while paying debts under a reorganization plan. Moreover,
it will allow us to better address certain matters pending in the civil
courts. The process is a public proceeding and aimed solely at
protecting the interest of Kimkins and our members.”

Due to litigation over the past year we have a couple major debts and
this will help restructure those. This will not affect our day to day
operations. Prior to this news Kimkins had already been planning a
revamp of the website (appearance and software). Everything will be the
same but better — better navigation, more features, easier to use and
understand. Those plans have been in the works for several months.

We’re a big website (bigger than what you see) and it’s a big project!
I’ve seen prototypes of the new format — it’s lovely! We’re still
months away from being ready … naturally. I’m an instant gratification
person and months are not instant! Darn!

When it’s ready for testing we’ll be seeking volunteers to poke it and
find the boo boos before we switch everybody over.

Your membership will stay exactly the same — only the website will look
different. Some of you are old timers and remember we’ve had 4-5
previous “looks” since we started Kimkins in April 2006!

 

What she doesn’t tell them in this note  is that she has already started a NEW diet site, which is no longer low carb.  It appears to still be low calorie and low fat.  It also appears to be using a name that is already trademarked to another company.

Desperate times call for desperate measures.

Heidi Diaz, without an attorney, was facing a certification hearing for the Kimkins Class Action Lawsuit on January 14th.

To avoid this, she has now filed for Chapter 11 Bankruptcy protection.  This drastic action is much like a call for help from a doomed ship.

What does this mean for the Class Action Lawsuit?  It means that the case in Riverside Court is on hold, and things will now play out in Bankruptcy Court.  But what about Bert Cottle?  Has he been paid for all services rendered or is Ms. Diaz trying to get out of that too?  What about the countersuit that she filed?

Not to worry though, Kimkins Class Action Lawsuit Attorney, John Tiedt, has made it clear that he isn’t about to give up on this, no matter what kind of stunts Ms. Diaz may pull next.

Stay tuned for the next installment in the continuing saga of the Kimkins Diet Scam.

So, did Bert Cottle voluntarily jump overboard to escape Heidi Diaz and her dangerous diet scam or was he encouraged to walk the plank by the tip of a sword?

Surely more details will be forthcoming soon, but many are speculating that Bert finally realized how deeply in trouble he’d become by representing Ms. Diaz. 

Or did Kimmer dump him because he simply wasn’t up to the task?  After all, getting away with diet fraud IS a difficult challenge.

Others propose that  he simply left Ms. Diaz’s side because she just can’t afford to pay his legal bill.

One can only wonder if Mr. Cottle will be the next person that Ms. Diaz decides to sue in the ever growing Kimkins litigation.

What will Kimmer do without her trusty legal beagle by her side??

Stay tuned to see if he sinks or swims, and what will happen now that there is no one at the helm of Heidi’s defense.

~~~

A Merry Kimkins Christmas Present! « Say NO to Kimkins

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!

It is apparent that Heidi never devised a workable Kimkins Maintenance Plan because she never actually had to try to maintain her goal weight due to the simple fact that she’s never actually attained the 118 lb. weight that she professed to have maintained for 5+ years.

With no Kimkins Support for those who have reached their weight loss goals, unfortunately these folks more or less just cast adrift.

How are folks who have followed Kimkins doing on Maintenance if there is no Kimkins Maintenance Plan to follow?

 What Heidi claimed that she was eating on maintenance was posted on LCF in April of 2006:

 I tend to eat pretty much the same stuff every day. Even when we go out to eat I’ll be looking for a non-sauce protein, side veggie (no sauce) and a large salad.Breakfast: None or 1 egg omelette w/ veggies & ham
Snack: Yogurt (100 cal Dannon) and/or fruit
Lunch: Green salad w/ grilled chicken (or something similar)
Snack: Fruit (banana, pear, grapes or ?)
Dinner: Lean protein, 2-3 veggies (occasional potato or corn)Once in a while a small dessert, but sweets are a problem area for me so I tend to not keep them in the house. Treats I bake for my foster sons are in a size that has no leftovers, LOL!I don’t use Fitday for myself very often, but when I do check I’m running around 1200-1400 calories, 70-100 carbs. This seems right for 118 lbs and a non-exerciser.Here’s what Christin says about Kimkins Maintenance:

MrsM

Kristen

Susan

Lily

Mayberryfan

RW

Sparky’s Girl