"Kimkins Scandal" via BamaGal in Google Reader

Court orders Kimmer to post opt out message

2009-11-03T13:58:18Z

The Judge left nothing to the imagination nor interpretation for Heidi realted to what has to be posted on the Kimkins.con website and where.

COURTS SUBSEQUENT RULING ON 11/02/09 @ 08:00 FOR DEPARTMENT RIDST
11/02/2009 – 8:00 AM DEPT. 05

HONORABLE MARK E JOHNSON, PRESIDING
CLERK: M. MARTINEZ
COURT REPORTER: NONE
COURT SUBSEQUENTLY RULES:
ORDER REGARDING CLASS THE COURT MAKES THE FOLLOWING ORDER REGARDING
CLASS NOTICE. THE NOTICE SHALL READ AS FOLLOWS:
HEIDI DIAZ AND KIMKINS.COM ARE DEFENDANTS IN A LAWSUIT THAT HAS BEEN CERTIFIED AS A NATIONWIDE
CLASS ACTION: JEANESSA FENDERSON, ET AL. V HEIDI DIAZ, ET AL., CASE NO. RIC483005, PENDING IN THE
RIVERSIDE COUNTY SUPERIOR COURT IN RIVERSIDE, CALIFORNIA. TO LEARN MORE ABOUT THE LAWSUIT,
PLEASE CLICK ON THE FOLLOWING LINK:
THE TEXT SHOULD BE PROMINENTLY DISPLAYED ON THE LOWER HALF OF THE FIRST PAGE OF THE KIMKINS.COM
WEB SITE. IT SHOULD BE 12 POINT, TIMES NEW ROMAN FONT WITH A BOX AROUND IT AS ABOVE.
CLERK’S CERTIFICATE OF MAILING RE: MINUTE ORDER
NOTICE SENT TO MICHAEL L COHEN A PROFESSIONALLAW CORP ON 11/02/09
NOTICE SENT TO MOORE WINTER MCLENNAN LLP ON 11/02/09
NOTICE SENT TO TIEDT & HURD ON 11/02/09
NOTICE SENT TO LAW OFFICE OF TIMOTHY P PEABODY ON 11/02/09
NOTICE SENT TO LAW OFFICES OF COTTLE & KEMP ON 11/02/09
NOTICE SENT TO COTTLE & KEEN ON 11/02/09

Posted in dangers of kimkins Tagged: class action law suit, Kimkins, Kimkins diet, Kimkins Diet truth, kimkins fraud, kimkins menu, kimkins problems, kimkins scam, Kimkins success, Kimkins works, law suit, low carb, weight loss

THE SKINNY ON RALPH LAUREN & THE PHOTOSHOPPING DEBACLE...

2009-11-02T01:25:00Z

A LIFE & DEATH STRUGGLE...

2009-11-01T13:13:00Z

Diet Cults

2009-10-30T15:13:14Z

How come specific diets often result in the forming of cult-like groups? The more extreme the diet, the more likely the followers exhibit cult-like behaviors, it seems.

Kimkins was a typical example. Very low carb, very low fat, very low calorie. You really needed to be brainwashed to manage to follow such a starvation diet for any amount of time. The “high” came from seeing the scale go down every day and being cheered on by other cult forum members. The “lows” when you were hungry and/or feeling sick were overcome by visiting the forum and reading encouragement and tips of how to ignore the starvation symptoms and persevere.

Any criticism was efficiently shut down by the cult leader herself, Heidi Diaz or Kimmer. Negativity was not conducive for weight loss, according to her. When the critisism was no longer contained to her own forum where she could control it, an “us versus them” mentality was soon developed. The cult-like nature of Kimkins was addressed in several blogs at the time. One of the best posts is on Back Across the Line, where these cult characteristics are listed:

Cult members are “focused on a living leader to whom members seem to display excessively zealous, unquestioning commitment.” The leader is a strong-willed, domineering character who rules the group with tight control. He lets it be known in subtle ways that he is “in charge” of the movement. He makes the plans, he orchestrates the movements of the group or groups (sometimes he exercises his sway over several groups). He dispatches the workers, assigns their chores, etc.

Frequently, they even begin to imitate his mannerisms in terms of voice inflection, language patterns, aggressive attitudes, etc. They become “clones” of their esteemed leader. It is not uncommon that the leader knows of weaknesses or past problems of people with his group. Thus, through subtle intimidation and fear he keeps them under his control.

“Questioning, doubt, and dissent are discouraged,” and there can be pressure or social punishment when there is disagreement with the “boss.” Those who disagree are made to feel as though they are stupid or inept. They are brainwashed with the notion that they do not have the knowledge or experience to question the leader.

Younger people are particularly vulnerable to the leader’s “gift of gab,” and his feigned expertise. No matter how radical the leader becomes in his decisions or actions, the cult members will not criticize him. Even if there should be mild disagreement, no specific expressions are voiced. The members reason that though he may be mistaken in some of his judgments, yet the overall good he accomplishes outweighs any minor flaws.

Members are taught to “rationalize” the conduct of the leader in matters they have always “considered unethical before,” under the guise that the “end justifies the means.”

The cult leader always takes the major credit for the movement’s accomplishments. Members become psychologically dependent upon him. “What would we ever do without our leader?,” is the cult mentality.

The cult leader generates within his members “a polarized” mentality. His people evolve an “us-versus-them” mentality. Little-by-little he criticizes other groups with which his members might tend to associate, undermining confidence in them, attempting to discredit anyone who could have influence over his “flock.”

Cult members become suspicious; they imbibe the critical disposition. No one is really as “sound” as “we” are. We are an “elitist” group. And so, seeds of isolationism are sown. The movement leader discourages reading any material, examining any ideas that he does not generate. He seeks to control the inflow of knowledge relative to “his group.”

The cult leader has a clearly defined “anti-authoritarian” disposition. Within the context of the church, for instance, he would have an “anti-elder” attitude. Elders would be recipients of constant critical remarks. No cult leader would affiliate himself with a congregation having elders to whom he must be in submission. “Control” could not be maintained in such an environment.

Cult members are seen occasionally to take on a new personality. They begin to act differently. They become increasingly antagonistic to family members and long-time friends. They may even boast that, “I am not the old [name] that you used to know; I am a new person now.” And indeed they are. They have become strangers to those who knew them well. They have been transformed into the image of their leader.

Kimkins certainly operated as a cult at the time. Luckily, it didn’t last long. A diet too hard to follow, the discovery of the fraud by Heidi Diaz made the vast majority of members to abandon the forum, and the remaining group is not big enough to keep a cult atmosphere thriving.

Another diet cult, which on the surface doesn’t seem as dangerous as Kimkins, is Zero Carb.

The diet is simple. Eat meat (ground beef is the popular choice), drink water, don’t exercise and you will not only lose weight but improve your health in a multitude of different ways. No need for supplements. No need for organ meats or even a variety of meats. They ensure you that you get everything you need from supermarket ground beef.

As “proof” they show pictures of themselves. However, there is no way to verify their claims that they follow the ZC diet they prescribe. You just have to take their word for it.

The Zero Carb forum has all the characteristics of a cult. It is interesting that several ex-Kimkins dieters are members. From one cult to the next.

The ZC forum is led by a guru. He exhibits all characteristics of a narcissist, as given in this post I wrote a while back about Kimmer: The Cult of the Narcissist.

The guru sets up rules for forum participation as he sees fit, and they change over time. Initially anybody was allowed to join as a member, and were only thrown out (banned) for criticism. If you have not followed this regimen for 6 months, religiously, you can not question anything. The latest change on the forum include a registration screening process. Members just lurking, or members not posting under their (supposedly) real name are not welcome. This has pretty much become a forum “by invitation only.”

Even then, any criticism is shut down. If you are not following ZC you are not welcome on their forum. As the guru himself said it:

We’re changing the world one steak at a time. Get with us or get the hell out the way!

Whatever. It’s their forum. It’s just surprising that they choose to limit access to outside people as they all seem to want to bring their message to the masses. Of course, as a guest you can still read but it’s a tedious process as the search function is not available unless you are a member. You can just wade through so many posts before you give up to try to find out why Vit A, or C, or exercise, or .., is not required.

Minutes from yesterday's Kimkins lawsuit hearing

2009-10-30T13:24:00Z

COURTS SUBSEQUENT RULING ON 10/27/09 @ 08:30 FOR DEPARTMENT 05 10/27/2009 - 8:30 AM DEPT. 05
HONORABLE MARK E JOHNSON, PRESIDING
CLERK: M. MARTINEZ
COURT REPORTER: NONE
COURT SUBSEQUENTLY RULES:
ORDER REGARDING CLASS NOTICE: THE COURT FINDS THAT CLASS MEMBERS SHOULD BE
ALLOWED TO OPT OUT IN CONNECTION WITH THE CLASS ACTION CERTIFIED IN THE ABOVE ENTITLED ACTION.
THE CLASS ACTION WAS NOT CERTIFIED FOR THE PERSONAL INJURY CLAIMS ALLEGED BY CLASS
PLAINTIFFS. FAILURE TO ALLOW CLASS MEMBERS TO OPT OUT OF THE ACTION MAY IMPAIR OR ELIMINATE
POTENTIAL PERSONAL INJURY CLAIMS BECAUSE A JUDGMENT IN THIS ACTION COULD BAR RECOVERY IN
ANY LATER PERSONAL INJURY ACTIONS BROUGHT BY CLASS MEMBERS AGAINST DEFENDANTS. (SEE HICKS V.
KAUFMAN & BROAD (2001) 89 CAL.APP.4TH 908 924-925.)
THUS, IT APPEARS THAT THE OPPORTUNITY TO OPT OUT OF THIS CLASS ACTION IS NECESSARY. (SEE
PHILLIPS PETROLEUM CO. V. SHUFFS (1985) 472 U.S. 797, 811-812.) ACCORDINGLY, PLAINTIFFS PROPOSED
CLASS NOTICE NEEDS A STATEMENT WHICH GIVES POTENTIAL CLASS MEMBERS WHO MAY HAVE SUFFERED
PERSONAL INJURIES AN APPROPRIATE CAVEAT REGARDING POTENTIAL PERSONAL INJURY CLAIMS,
PROVIDES THE OPPORTUNITY TO OPT OUT, AND PROVIDES A PROCEDURE FOR OPTING OUT. (SEE
CHAVEZ V. NETFLIX (2008) 162 CAL.APP.4TH 43, 57.)
IN ADDITION, PLAINTIFFS SUBMISSION DOES NOT EXPLAIN WHY CLASS NOTICE CANNOT BETTER BE
PROVIDED THROUGH DEFENDANTS OWN WEBSITE TO ALL PERSONS WHO SIGNED UP THROUGH THE WEBSITE.
ACCORDINGLY, THE COURT ORDERS THAT CLASS NOTICE SHALL BE PROVIDED THROUGH DEFENDANTS WEBSITE.
THE COURT MAKES THIS DECISION BECAUSE THE LAWSUIT HAS ALREADY BEEN REFERENCED ON THE
KIMKINS WEBSITE. THE NOTICE MAY BE THROUGH A LINK ON THE WEBSITE WHICH LEADS TO THE CLASS
NOTICE.
FINALLY, ALL REFERENCES TO THE "PENDING MOTION FOR SUMMARY JUDGMENT" SHALL BE REMOVED FROM THE
CLASS NOTICE.
NOTICE TO BE GIVEN BY COURT
CLERK'S CERTIFICATE OF MAILING RE: SUBSEQUENT RULING
NOTICE SENT TO MICHAEL L COHEN A PROFESSIONALLAW CORP ON 10/27/09
NOTICE SENT TO MOORE WINTER MCLENNAN LLP ON 10/27/09
NOTICE SENT TO TIEDT & HURD ON 10/27/09
NOTICE SENT TO LAW OFFICE OF TIMOTHY P PEABODY ON 10/27/09
NOTICE SENT TO LAW OFFICES OF COTTLE & KEMP ON 10/27/09
NOTICE SENT TO COTTLE & KEEN ON 10/27/09

HAPPY HALLOWEEN...

2009-10-30T10:19:00Z

Oh my gosh, my day has totally been made!

2009-10-29T20:29:00Z

So in court today, the Judge approved the opt-out notice. Another step toward getting this thing wrapped up. The opt-out notice is for people who want to opt out of the class action lawsuit in case they want to sue her individually for personal injury, etc. The notice will have to be posted on the Kimkins website(!) as well as any other sites that want to post it. All good.

But it got so much better when Heidi Diaz' attorney decided to try to intimidate John in the hallway after the hearing and made a fool of himself in front of plenty of witnesses! Not just once... but twice! Apparently after the first time, he didn't cool off but decided to come back for more once they were outside! Ohhhhh how I wish I could have seen John handle him like a pro!

A GALLERY OF MOURNING...

2009-10-29T00:02:00Z

Kimkins Opt Out Notice

2009-10-28T14:24:00Z

There was a court decision for the Kimkins Class Action Lawsuit on 10/27/2009. According to that decision, Heidi Diaz will be required to post an opt out on her website.

To me, the natural thing would have been to require Heidi to use her extensive spam database that sends out Kimkins Newsletters to all members, including us that have been banned. Of course, Heidi supposedly has "lost" all her records and it might be hard to prove that this isn't the case.

I'm looking forward to see the opt out notice. From the text below, it is clear that this has nothing to do with people wanting to support Kimkins and that think that this is a frivolous lawsuit. The opt out is meant to protect people that may want to sue Kimkins for personal injury. While the "injury" as such is not specified, my guess would be that the court had concerns about the numerous reports about health issues arising from following the Kimkins diet.

I'm also looking forward to the next hearing on 10/29/2009. Will we finally see an order to shut Kimkins.con down? However, the court site says "finalization of notice" for tomorrow's hearing so the end of Kimkins.con will probably take place at a later date. Lawsuits take time but I have no doubt it will happen.

COURTS SUBSEQUENT RULING ON 10/27/09 @ 08:30 FOR DEPARTMENT 05
10/27/2009 - 8:30 AM DEPT. 05

HONORABLE MARK E JOHNSON, PRESIDING
CLERK: M. MARTINEZ
COURT REPORTER: NONE
COURT SUBSEQUENTLY RULES:
ORDER REGARDING CLASS NOTICE: THE COURT FINDS THAT CLASS MEMBERS SHOULD BE ALLOWED TO OPT OUT IN CONNECTION WITH THE CLASS ACTION CERTIFIED IN THE ABOVE ENTITLED ACTION.
THE CLASS ACTION WAS NOT CERTIFIED FOR THE PERSONAL INJURY CLAIMS ALLEGED BY CLASS
PLAINTIFFS. FAILURE TO ALLOW CLASS MEMBERS TO OPT OUT OF THE ACTION MAY IMPAIR OR ELIMINATE POTENTIAL PERSONAL INJURY CLAIMS BECAUSE A JUDGMENT IN THIS ACTION COULD BAR RECOVERY IN ANY LATER PERSONAL INJURY ACTIONS BROUGHT BY CLASS MEMBERS AGAINST DEFENDANTS. (SEE HICKS V. KAUFMAN & BROAD (2001) 89 CAL.APP.4TH 908 924-925.)
THUS, IT APPEARS THAT THE OPPORTUNITY TO OPT OUT OF THIS CLASS ACTION IS NECESSARY. (SEE PHILLIPS PETROLEUM CO. V. SHUFFS (1985) 472 U.S. 797, 811-812.) ACCORDINGLY, PLAINTIFFS PROPOSED CLASS NOTICE NEEDS A STATEMENT WHICH GIVES POTENTIAL CLASS MEMBERS WHO MAY HAVE SUFFERED PERSONAL INJURIES AN APPROPRIATE CAVEAT REGARDING POTENTIAL PERSONAL INJURY CLAIMS, PROVIDES THE OPPORTUNITY TO OPT OUT, AND PROVIDES A PROCEDURE FOR OPTING OUT. (SEE CHAVEZ V. NETFLIX (2008) 162 CAL.APP.4TH 43, 57.)
IN ADDITION, PLAINTIFFS SUBMISSION DOES NOT EXPLAIN WHY CLASS NOTICE CANNOT BETTER BE PROVIDED THROUGH DEFENDANTS OWN WEBSITE TO ALL PERSONS WHO SIGNED UP THROUGH THE WEBSITE.
ACCORDINGLY, THE COURT ORDERS THAT CLASS NOTICE SHALL BE PROVIDED THROUGH DEFENDANTS WEBSITE.
THE COURT MAKES THIS DECISION BECAUSE THE LAWSUIT HAS ALREADY BEEN REFERENCED ON THE KIMKINS WEBSITE. THE NOTICE MAY BE THROUGH A LINK ON THE WEBSITE WHICH LEADS TO THE CLASS NOTICE.
FINALLY, ALL REFERENCES TO THE "PENDING MOTION FOR SUMMARY JUDGMENT" SHALL BE REMOVED FROM THE CLASS NOTICE.
NOTICE TO BE GIVEN BY COURT CLERK'S CERTIFICATE OF MAILING RE: SUBSEQUENT RULING
NOTICE SENT TO MICHAEL L COHEN A PROFESSIONALLAW CORP ON 10/27/09
NOTICE SENT TO MOORE WINTER MCLENNAN LLP ON 10/27/09
NOTICE SENT TO TIEDT & HURD ON 10/27/09
NOTICE SENT TO LAW OFFICE OF TIMOTHY P PEABODY ON 10/27/09
NOTICE SENT TO LAW OFFICES OF COTTLE & KEMP ON 10/27/09
NOTICE SENT TO COTTLE & KEEN ON 10/27/09

Today's Kimkins spam...

2009-10-27T15:36:00Z

It's so odd to me that the Kimkins spam keeps pouring out, despite this week's court hearing to work out the details for the opt-out process for the class action lawsuit. This lawsuit IS going forward. If Heidi Diaz recruits new members now, knowing the viability of diet scam site is in serious jeopardy, will these new clients have any recourse?

I'm also really surprised that SingingLass / Delaney continues to let Heidi Diaz profit from her success story & photos. Has she continued toward her weight loss goals? Does she still consider Kimkins a sustainable diet? Hard to say, as the last time I heard there were no signs of her at Kimkins. Does she resent having been terribly used by Heidi Diaz? I really don't understand the loyalty - or fear? - that has kept Delaney from turning her back on Heidi and slamming the door.

Do new members wonder why the success stories aren't at Kimkins? If I joined the site after seeing in a promotion that Delaney had lost 130+ pounds at Kimkins, I'd really expect to see here there, wouldn't you?

MEET MS. ANNA REXIA...

2009-10-25T16:22:00Z

The Kimkins Verdict is in

2009-10-25T12:53:04Z

Kimmer, AKA Heidi Diaz, has been ordered by the judge to post on the Kimkins.con site the notice telling member who wish to opt out of the class action settlement what they need to do.

the final wording of this message will be approved in court on OCT 29 2009

Can’t wait to see how Kimmer spins this one after telling the kimkins.con membership that the class action suit was denied just one month ago.

it will also be posted on one of the DUCKs blogs

Posted in boot camp, camp kimkins, dangers of kimkins, Heidi Diaz, kimmer, kimmer experiment, Simple Choices Diet, SimpleChoicesDiet.com, WLS Tagged: class action law suit, kimkins.com, kinkins.con, settlement

Court Update

2009-10-15T20:43:00Z

Mariasol has an update on the court hearing here:
http://mariasol-mariasol.blogspot.com/2009/10/kimkins-court-hearing.html

Kimkins Court Hearing

2009-10-15T20:03:00Z

There was a hearing today for Summary Judgment for the Class Action Suit against Kimkins.

All the details are not out yet, but it was decided that Heidi has to post an "Opt-Out Notice" on Kimkins. The notice is also to be posted on one more site in order to reach as many class action members as possible.

The Opt-Out Notice will give the option for any eligible class action member to reserve the right to sue Heidi individually instead of taking part in the class action suit. I don't see it as likely that anybody would want to do this in this case, but it seems to be a requirement for any class action lawsuit that this option is provided.

So much for the lawsuit being dismissed, Heidi. I'm looking forward to seeing the Opt-Out Notice on Kimkins.con. And your explanation for it.

Today's the big day! (Again!)

2009-10-15T11:14:00Z

Today is the hearing for the Kimkins class action lawsuit motion for summary judgment (again!). Here's hoping there are no more delays! Don't laugh at me. I'm allowed to hope!

I'm starting to see why so many companies get away with fraudulent marketing. It takes a lot of endurance to put a stop to it! I still get irritated every time I see a copy of Woman's World magazine on the rack! Maybe I should do like Kate Gosselyn does and turn them around while I stand in line waiting to check out, LOL!

Kimmer says "Weight Loss Without Exercise! Yes!"

2009-10-14T15:19:00Z

More Kimkins spam today.

This woman:

Says this:

With Kimkins you take a thermogenic fat melting short cut! You can lose faster than the 3,500 calories = 1 mile (she means pound) rule. Kimkins is low carb and low fat which means quick weight loss! Love working out? Great! You'll speed things up even more -- but non-exercisers lose quick, too.

It's simply incredible that she keeps charging money to give diet advice. Here's hoping that TOMORROW'S big court date (Kimkins class action lawsuit motion for summary judgment hearing) is a big step forward!

WOULD SOMEONE PLEASE STUFF A SOCK IN KARL LAGERFELD'S PIE HOLE?

2009-10-13T01:21:00Z

Breast Cancer Site 7th Annual Pink Ribbon Challenge

2009-10-12T20:56:00Z

Just click once daily for a free $1 donation towards a mammogram. It costs you nothing! This years challenge, for Breast Cancer Awareness month, is to get enough clicks to fund 500 mammograms. Remember to click every day, especially this month! While you're there, click on each tab across the top of the page to get to other sites you can give donations to just by clicking a button.

Tick Tock

2009-10-12T16:41:00Z

Heidi Diaz continues to elude justice. However, on Thursday, October 15th, the court will hold a hearing, hopefully to rule on John's motion for summary judgment. Which direction it will go, nobody knows at this date except the judge. If she and her attorney had a brain in their collective heads, they'd end this charade of a defense. Heidi, you can run, but you will some day have a judgment against you, the housewife who has nothing (yeah, right). The long-reaching arm of the ducks is patient and persistent, if nothing else, and that goes double for John Tiedt and his team. You can delay the proceedings until we're all in a nursing home, but there will be a conclusion to this one day, and it's not looking too good for you. Tick tock.

The End of Kimkins

2009-10-11T17:18:00Z

Is that what we will see from the upcoming court hearing on October 15? Despite what Heidi Diaz claims, the case was not dismissed, the judge was just not ready to make a decision and postponed doing so. To my understanding, this didn't even have anything to do with the viability of the lawsuit. It had to do with an opt-out technicality for the class action members. (Typically, a class member is given an option to not partake in a class action lawsuit in order to be able to sue the defendant individually.)

Heidi seems to be struggling to keep kimkins afloat. The forum was moved to a new platform and without all the old posts from the previous years, it is very obvious how few members that are there. Her google ads have stopped. It's likely that they didn't result in many new customers and they are costly to run.

Heidi is most likely finding out that internet marketing is not all that easy. Without having the advertizement from a Woman's World article that draw customers, it's not easy to attract them to an obscure diet on the internet. Kimkins has outlived its fame. The only ones that are familiar with the name are people that know about the scam, and they don't work well as a customer base. Any new people coming across the website are likely not impressed.

I do hope that the court hearing on Thursday will result in Heidi having to close kimkins.con down. But even if there are further delays, I am positive that kimkins is a dying enterprise. It's just a matter of time. I can't see that Heidi would keep kimkin.con running as a service to the few members that are there. Judging from all the bannings, she is not really a caring person.

Of course, the hearing on Thursday might not even take place. Perhaps Heidi decided to file for bankruptcy again. But this time, I think she might have problems showing much income from kimkins.com. So why would a bankruptcy court allow her to restructure a business that doesn't even make money? Hopefully any bankruptcy lawyer she has hired would have informed her about this so we can avoid yet another unnecessary delay of the class action hearing.