Sunday, December 16, 2007

No one is above the law...

It is hard for me to understand how many people feel that they are somehow immune to the laws and regulations that govern our country. Without them, we would have nothing but chaos and disorder. This country was founded on morals and principles which, for the most part, we subscribe to in an effort to live peaceably and in harmony with our fellow citizens. There are those, however, who feel that they are above those laws and have a skewed view of what constitutes moral and legal behavior.

The actions and behaviors of Heidi (Kimmer) over the last several years have demonstrated that she feels she is not susceptible to same moral standards that most of us attempt to uphold.

The following is an excerpt of a conversation that we held on August 14th of this year, in which Heidi attempted to explain to me why it would be "impossible" for anyone to bring a class action lawsuit against her and Kimkins. I would also like to demonstrate the encouragement within this conversation for a menu for a Kimkins Boot Camp example that is barely over 700 calories. In the menu that I give in this example, I was attempting to put together a menu that was OVER 700 calories. It was very difficult, but notice that instead of encouraging larger portions and higher calories, Heidi was very ENCOURAGING of my attempts to put together a "safe" but still low calories boot camp menu.

Heidi: :)
2:08 PM christin, have time for Law 101?
2:13 PM me: sure
Heidi: in a nutshell, there can be no class action suit or any lawsuit
first they have to prove causation. very difficult. then proximate cause. even harder.
2:14 PM then there's "but for ..." hardest of all.
but let's say they do that. where will they get a lawyer?
if you were in a bad car accident -- broken arm, concusion but hit by a poor person with no insurance
you COULD NOT get a lawyer. there's no 'recovery'.
2:15 PM there's no money to receive.
it's the same with kimkins. there's no $$$.
they don't even have jurisdiction.
me: all that... for a $60 refund ;) nope... not worth it
Heidi: no lawyer would touch it. they don't even know who "kimmer" is.
2:16 PM well, in a real class action suit the company is ordered to pay legal costs. but who will pay?
did you see that petition?
what the hell kind of petition is that?
me: I haven't looked at it today
Heidi: the FDA must be laughing their a$$ off.
2:17 PM me: :) we're not offering any FDA regulated products ;)
Heidi: we will do what we can with XXXXXX XXXXXX, which probably isn't much.
and then move on. same as with XXXXXX.
me: right
Heidi: i haven't replied on purpose. and i'm sure it's making 'somebody' very mad. :)
me: lol
2:18 PM Heidi: anyhow, bottom line for today's law lesson: no recovery, no lawyer
me: hey... how's this sound for an "acceptable" boot camp menu:
bfast: 2 egg omlete w/ 1/2 cup tomatoes, 2 oz lean ham
2:19 PM lunch, 4oz ground turkey "taco" salad, 2 cups mixed greens and 1 tbls of salsa for "dressing"
Heidi: 1/2 cup tomatoes is half of list 2 veggies for the day?
me: yes
Heidi: k, go on
me: dinner 4 oz grilled dill salmon and a 2cup spinach salad
2:20 PM cals 705, fat 35g, carb 11g, protein 82
Heidi: not bad!
2:21 PM sorry, addition to law lesson for today
me: this also does not include the dressing on the spinach salad ;)
Heidi: have you ever sued anyone? or family court?
me: no
Heidi: ahhh, ok.
when you file "moving papers" (lawsuit)
me: I have testified in a restraining order hearing.. that's about it
2:22 PM Heidi: you have to make allegations. they must be substantiated.
me: backed up w/ doctors reports etc
Heidi: not just that
1) prove their health before kimkins
2) prove that "but for" doing kimkins they would not have damages
2:23 PM 3) MUST have damages (be hurt)
all of this takes $$$. they have to hire a doctor, get tests, deposition of doctors & whoever they can find at kimkins ;)
2:24 PM AND doctors & experts testify at 4 hour minimum increments. $300-500/hr, $1500 a day
plus their initial filing fees
no lawyer will take that on if they can't recover the $$$
me: of course not!
Heidi: want proof (lol, like you're calling me a liar)
when you're bored with nothing to do today :D
2:25 PM call a local attorney make up a story
me: yeah... cause I ain't got nothing else to do ;) LOL
Heidi: "i was in an accident today blah blah and make it bad ... tell him that the driver is uninsured and so are you."
see how far you get.
2:26 PM technically you can get a judgment and sue the person in court. but so what? how would you get your $$? can't.
it's called "deep pockets". kimkins doesn't have any pockets. :)
honestly, i'm not as dumb as they all think i am
me: LOL Don't have to tell me that!
2:27 PM Heidi: XXXXXXXXXX's husband is a lawyer. you don't notice him jumping on the lawsuit bandwagon.
me: that does put my mind at ease though a bit... I think anyone even attemptin such a thing right now would get really discouraged really fast
Heidi: listen
me: so thanks for the lesson!
Heidi: there's nothing for them to do BUT
2:28 PM if anything ever happened and you were involved, i'm here for you $$$

Heidi at this point obviously thought that she was above even consideration for a class action lawsuit, not to mention criminal legal action.

In the last week I have observed many actions for which I am saddened. It is important to remain focused. The purpose and internal wheels have not ceased. There are many important factors to take into consideration when shutting down an illegal operation such as Kimkins. This is the time to continue to remain focused on getting the word out about the dangerous program that is still taught and demonstrated within the Kimkins website and forums, and preventing others from falling prey.

I again want to stress the importance to those out there who have not already, to join the class action lawsuit that HAS been filed against Heidi Diaz and Kimkins. If Heidi is to be stopped, then action must be taken.


OhYeahBabe said...

Kimmer is such a manipulator! Even if medical harm is difficult to prove (I notice she didn’t say it isn’t happening, just that she can’t be blamed), at least her fraud and colossal business mistakes will be enough to take her out. She caused her own demise.

HoneyBee said...

Kimmeris correct that damages are difficult to prove; not impossible, but difficult. The good thing is that Kimmers
greed led her to also commit fraud which is more black and white in the court of law.
Thank you Christin for the post reminding us how -invincible- Kimmer thinks she is and now I see that she must believe she is truly Wonder Woman flying around the Internet with invisible domains.

iportion said...

I would wouldn't do so well under 1000 calories let under 700

2BIG4MYSIZE said...

thanks for the peak into the mind of Kimmer and the thinking behind

And thank you for all you are doing to help make it a 404 site

wackytobeme said...

Thanks for doing your part to make sure Kimmer is not above the law.