Kimorexia

Kimkins Lawsuit - Closing Arguments

noreply@blogger.com (OhYeahBabe) — Mon, 15 Nov 2010 10:54:00 +0000

Jamie VanEaton has posted the transcript of the last day of the Kimkins class action lawsuit:

http://www.examiner.com/low-carb-in-national/kimkins-court-transcripts-closing-arguments

It's a lot of reading but you won't be disappointed, I promise!

Kimkins Class Action Lawsuit - News Articles

noreply@blogger.com (OhYeahBabe) — Mon, 01 Nov 2010 13:33:00 +0000

A list of coverage I've found so far for the successful class action lawsuit against Kimkins / Heidi Diaz:

The Verdict is In: Kimkins Diet Scam Lawsuit

Kimkins Diet Founder Loses Class Action Lawsuit

Older Coverage:
Guru Sued for Alleged Diet Scam
Kimkins on Insider Exclusive
Kimkins on Good Morning America

Surveillance Videos
Video 1
Video 2

The Morning Show with Mike and Juliet
Part 1
Part 2
Part 3
Part 4
Online Diet Scam?

KVUE - Beware of Internet Diets
Christin Speaks Out

Kimkins Class Action Lawsuit - Statement

noreply@blogger.com (OhYeahBabe) — Sat, 30 Oct 2010 00:36:00 +0000

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.

Kimkins Class Action Lawsuit - More Details!

noreply@blogger.com (OhYeahBabe) — Fri, 29 Oct 2010 23:38:00 +0000

More details from here:

Ok ... I'm released to share!!!

The Court found in favor of the plaintiffs on all points.

We have a judgement based on fraud for $1.8 Million.

We have punitive damages for $500,000

We have injunctive relief, which includes she can not further lie to promote her diet. She can not use fake photos, success stories or testimonials to promote her diet.

While we won't see a court ordered 404 message we got something even better.

Heidi must put a notice on ANY website she starts for any purpose, diet or otherwise, that explains that she lied, used fake success stories and testimonials, that she mislead, that she used deceptive practices. She is going to have to post a notice that explains that low calorie diets can be dangerous, with a list of possible adverse side effects (the wording of the notice is to be worked out between the lawyers and the judge). There is NO expiration of these notices.

The Judge included a PERMANENT restraining order wherein Heidi (or any of her socks) are prohibited against contacting in ANY form with any/all class members, class plaintiffs, lawyers, their families, their staffs (which includes me, Laura) for the rest of our lives.

Oh, all of her assets have been frozen until the judgement is entered and served.

This may be appealed, of course, but today, WE WON!!!!!

GUILTY!

noreply@blogger.com (OhYeahBabe) — Fri, 29 Oct 2010 19:11:00 +0000

Just heard Heidi Diaz / Kimkins has been found GUILTY! Details to come!

Kimkins Class Action Lawsuit - Big Announcement Today?

noreply@blogger.com (OhYeahBabe) — Fri, 29 Oct 2010 18:58:00 +0000

The trial has been going on all week and is expected to conclude any minute. It's hard to believe this day is finally here!

Congratulations, mighty ducks, on your persistence in finding soooooo much evidence of fraud in this case!

I never did this diet but I'll be very satisfied to see justice done if the judge rules in the class's favor!

It's been a long wait, but...

noreply@blogger.com (OhYeahBabe) — Tue, 19 Oct 2010 13:09:00 +0000

The trial starts Monday!

There is so much evidence that Heidi Diaz lied, and lied about lying, when marketing her sham of a diet website. I'm sure John will lay out this evidence in a way that is very clear for the jurors. Even the new lies she tells will be easily countered with evidence collected during this long process. You can't have a lifetime pattern of lying and expect anyone to think you'll abruptly start telling the truth now!

Best wishes to all the plaintiffs out there who have been waiting for this day for 3 years!

If anyone still checks in here... I'd love to hear your memories of Heidi-isms and lies!

It's Another Kimkins Court Day!

noreply@blogger.com (OhYeahBabe) — Mon, 21 Dec 2009 15:57:00 +0000

There's hearing today for the Kimkins class action lawsuit. The court log is hard to read:

12/21/2009 9:00 AM DEPT. 02 HEARING RE: MOTION TO/FOR COMPEL FURHTER RESPONSES OF DEFENDANT TO PLAINTIFFS REQUEST FOR PRODUCTION OF DOCUMENTS BY JEANESSA FENDERSON

12/21/2009 9:00 AM DEPT. 02 HEARING RE: MOTION TO/FOR COMPEL FURTHER RESP & COMPLIANCE OF DEF TO PLTFS REQ PROD OF DOCS & THINGS SET FOUR BY JEANESSA FENDERSON, TRISTA ESSEX, KATHLEEN ROGERS

I'm not sure exactly what they'll cover. I hope they cover the absence of the court-ordered opt-out wording on the Kimkins home page. Seems like contempt to me. I think the motion to compel is regarding the need for Heidi Diaz to produce her member list so every member who joined her site can be notified of the suit and eventually get a little money back for the allegedly fraudulent marketing Heidi used to get people to join the site.

Copy of Official Notice of Pendency of Class Notice

noreply@blogger.com (OhYeahBabe) — Tue, 10 Nov 2009 21:32:00 +0000

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 OPINIONSREGARDING 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 CONTACTSHOULD 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

Minutes from yesterday's Kimkins lawsuit hearing

noreply@blogger.com (OhYeahBabe) — Fri, 30 Oct 2009 13:24:00 +0000

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

Oh my gosh, my day has totally been made!

noreply@blogger.com (OhYeahBabe) — Thu, 29 Oct 2009 20:29:00 +0000

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!

Today's Kimkins spam...

noreply@blogger.com (OhYeahBabe) — Tue, 27 Oct 2009 15:36:00 +0000

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?

Court Update

noreply@blogger.com (OhYeahBabe) — Thu, 15 Oct 2009 20:43:00 +0000

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

Today's the big day! (Again!)

noreply@blogger.com (OhYeahBabe) — Thu, 15 Oct 2009 11:14:00 +0000

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!"

noreply@blogger.com (OhYeahBabe) — Wed, 14 Oct 2009 15:19:00 +0000

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!

Will you take the 1-2 pounds a week, or what's behind door #2?

noreply@blogger.com (OhYeahBabe) — Tue, 06 Oct 2009 13:52:00 +0000

In this morning's issue of Kimkins spam, which I am getting a ton of this week, Heidi Diaz gives readers something to ponder. She starts out with an appeal to heavier dieters, trying to whisper to their special needs to lure them to her site:

Losing weight is different when you're morbidly obese. That "lose 1-2 pound a week" advice is meaningless to very overweight people.

1-2 pounds a week is not meaningless at all. In fact, if she'd followed a good and healthy weight management plan instead of her hazardous Kimkins yo yo diet plan for the years that she lied about who she is and what she's selling, she'd be at her goal weight instead of hiding from cameras and process servers. She'd have something to be proud of, and maybe even have a successful and marketable forum. What the heck does she know about helping very obese people get permanently thinner and healthier?

Nothing. That's what she knows. Are you buying?

Russian Brides: East meets west meets cheap

noreply@blogger.com (OhYeahBabe) — Fri, 02 Oct 2009 20:33:00 +0000

At least this guy knows what he's getting before he decides to pay.

How's that workin' for ya?

noreply@blogger.com (OhYeahBabe) — Wed, 30 Sep 2009 14:25:00 +0000

Here's the kind of diet advice you can expect from Kimkins diet founder Heidi Diaz.

While giving this advice, she swore for years that this is her (this is the Russian bride model she photonapped):

But really the woman making people sick with her hazardous diet advice looks like this (deposition photo):

And she has the nerve to ask ''How's that workin' for ya?'

I saw this and immediately thought of Kimkins!

noreply@blogger.com (OhYeahBabe) — Mon, 14 Sep 2009 16:08:00 +0000

The 15 Most Shameless Fake Photos Ever Passed Off as Real

I bet the pictures of Heidi and some of her success "stories" could compete with these any day!

The motion for summary judgment was NOT denied!

noreply@blogger.com (OhYeahBabe) — Thu, 10 Sep 2009 13:41:00 +0000

Here's the proof:

Say No to Kimkins: Heidi Can't Handle The Truth

Copy of court document

Looks like Heidi Diaz' loose relationship with the truth continues.

Delayed But Not Deterred!

noreply@blogger.com (OhYeahBabe) — Mon, 24 Aug 2009 18:33:00 +0000

Today's hearing didn't end like we'd hoped. My understanding is that this matter has been continued to October 15. I'll post links to what happened today as soon as the facts are known.

Will Kimkins Founder Heidi Diaz Face the Music Today?

noreply@blogger.com (OhYeahBabe) — Mon, 24 Aug 2009 14:25:00 +0000

As I'm writing this, the big court hearing is about one hour away. During the discovery phase, huge volumes of evidence of fraudulent marketing for the Kimkins diet were compiled. Heidi Diaz' lies are carefully documented, including some big fat confessions when it became impossible to maintain the lies. This evidence took a couple of years to compile, by dozens of dedicated volunteers outraged at the deception (not to mention the dangerous diet itself). This evidence was pretty hard to find, thanks to the lies about lies about lies!

So much evidence was collected that now there is a motion for summary judgment to be evaluated in court today. Basically it says that there is so much evidence that it would be best to quit belaboring this thing and just get to the conclusion right away. I do hope that the judge rules in our favor! If he doesn’t, that certainly doesn’t signify defeat. It will just mean we need to continue being patient.

So many people have been hurt by this woman, and financially she benefited significantly from her lies and bullying and 'mistakes'. From my perspective, they were not mistakes but were calculated decisions made for only her own benefit. It's time for that to stop!

Thanks to everyone involved in this fight!

Here's the first news story I've found about today's court action:
Guru Sued for Alleged Diet Scam

Countdown To Kimkins Summary Judgment Hearing

noreply@blogger.com (OhYeahBabe) — Wed, 19 Aug 2009 15:33:00 +0000

Big court date for Kimkins coming up!

It's August and the Heat is ON!

noreply@blogger.com (OhYeahBabe) — Tue, 04 Aug 2009 16:17:00 +0000

Upcoming Kimkins court action:

08/24/2009 8:30 AM DEPT. 05 HEARING RE: MOTION FOR SUMMARY JUDGMENT ON 3RD AMENDED COMPLAINT OF JEANESSA FENDERSON

I don't think I'll ever listen to this song the same way again!

Kimkins Lawsuit Update

noreply@blogger.com (OhYeahBabe) — Mon, 29 Jun 2009 11:32:00 +0000

Please read the Proposed Notice of Pendency of Class Action, shared on the Kimkins Lawsuit blog.