NOTICE OF PENDENCY OF CLASS ACTION

Here is the notice that has now been approved by the Court. I will post a copy of the notice including the Judge's signature as soon as it is provided to me.

Please pass this on - forward it to every party you might think remotely interested, including media outlets you think may have an interest in sharing this information. If you are familiar with anyone who joined Kimkins, please direct them to this notice so that as many of the 40,000 people affected by Heidi's little scam as possible will have the opportunity to know they are part of the class and can opt out, preferring instead to allow Heidi to keep their money, or, perhaps, retaining their right to sue her independently.

If you previously posted this on your blog, please replace the pending version with this official one. Thank you!

Hear that banging sound? Just another handful of nails ...

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

The time is coming...

I am reminiscent today about all that has changed in my life over the last several years. Partially because so much has happened, and also because we are approaching now the 2 year anniversary of when I discovered that I had been taken in by one of the biggest online diet scams ever conceived. It is almost ironic that the court date for the summary judgment against Heidi Diaz and the Kimkins program will take place almost exactly two years after the low-carb internet community literally exploded with the discovery of her con.

I am also grateful. I am so very grateful and honored that I have many supporters and friends who have helped me through this incredible ordeal. Thinking back to the moments preceding my departure from Kimkins, I remember such an incredible range of emotions from fear, to anger, disappointment, discouragement, and just outright denial. It never in a million years would have crossed my mind that I would be so taken in and taken advantage of.

Since my departure though, time heals wounds. I move on, and am stronger. I have begun a new life. I am back in college, pressing towards a new carrier in physical therapy and nutrition. Two fields that, 10 years ago, I would have scoffed at. One might say that it was my experience with Kimkins that began leading me to this new path. It probably was, but for much larger reasons than just learning about dieting. It is now my passion and drive to educate. No-one, NO-ONE, should have to suffer the pain and humiliation that being led astray by an “educated” con artist peddling the latest fad diet can bring. It is my mission to spread the TRUTH about healthy living. I will do my part to vocalize the need for stricter regulations governing internet health and diet sites and those who run them.

I want more than most can imagine for the Kimkins saga to have its final chapter. I am ready to close that part of my story. However, wounds that deep have scars, scars that will not go away quite so easily. I cannot close this chapter till it is completed. I am not disgruntled or vindictive, but I do believe that there are there are consequences for our actions, both good and bad. The consequences for the monstrous deceptions that Heidi Diaz doled out have yet to be fully realized. I have been quiet for too long. I am still a member of the suit, and will not back down till justice is served. John Teidt has filed an unprecedented motion for summary judgment in the lawsuit against Heidi and Kimkins. I am confident that the evidence speaks for itself. It is time for Heidi to take responsibility for her actions. August 24 will be a monumental day.

Proposed Notice of Pendency of Class Action - Kimkins Class Action Lawsuit

Regarding the Kimkins Class Action Lawsuit: 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.

Truth - Freedom or Bondage?

"The Truth will set you free..."

How many times have I heard this phrase? I often contemplate just what it means for me. Often, it means different things based simply on what emphasis you give it. The truth... the TRUTH... THE truth... WILL set you free... will set you FREE. It has meant a bit of all of these inflections to me over the last several months.

It has been a several months since I've been here blogging about weight loss, weight loss scams (and scammer), and life. Over the last few months I've had one more surgery on my knee, plus recovery and therapy time, I have been totally immersed in a very difficult semester in school, I've been working strenuously at two jobs... Not to mention making time for my own family and personal needs.

It is because of these last few months that I must embrase the following inflection of that initial phrase. "The TRUTH will set you free..." I am having a difficult time coming to grips with what my own truth is. The only reason I am publishing it here is because I must be held accountible. Not only to myself, but to all those who follow my blog as well. Since my most recent injury and surgury, my weight has become increasingly difficult to maintain and keep under control. I know that this is partially my fault due to my inability to excercise, compensations should be made in the way I was eating. But none-the-less, I did not. Therefore, over the last 7-8 months I have put on about 25 extra pounds. This has been very disheartening for me and has kept me feeling enslaved to maintaining a lie. But I believe that by putting this truth out here like this, MY TRUTH is now laid bare, and I am not allowing any false presuppositions of my weightloss/maintenance status to be upheld.

I am dilligently working on a HEALTHY plan now to reclaim those 25 pounds lost once again and am confident that patience and perseverance will prevail. My difficulty will be in wanting to get it off NOW. This philosophy was ingrained in my not only this fast paced society that we live in, but also my past experiences. Throughout my experience with the Kimkins program, one of the things that made it so attractive was the speed at which the weight did come off. Over these last few years since I have been away from that program however, I have learned the value of attaining something that you have not only worked hard for, but have waited for with patience. True sustainable weight loss comes at a hard price. It takes time. But it is through that time that you learn healthy new habits that are also sustainable which allow that weight loss to be permanent. Rapid weight loss is never (with a very RARE exception) permanent.

It is this discouragement and "need for rapid loss" mentality which I believe is sending people to return once again to the Kimkins program. Yes, they may be able to get off once again that which they initially lost. BUT, they will once again be caught in that dangerous cycle in which they will regain, and then back to Kimkins, and on and on it will go. There is a two fold danger in that cycle. Not only is constant yo-yo dieting very hard on your body, it can be seriously dangerous. It can be dangerous for your heart, liver, and other organs that are trying to cope with the never ending starvation/feasting roller coaster. Too much of that up and down, and the organs will wear out rapidly. Not only that, but according to other health studies, yo-yo dieting can drastically reduce natural immune system cells which not only target viruses, but also aid the body fighting against cancer cells.

We lose weight initially so we can look better and feel better about ourselves. But, the other issue that I have been faced with over these last several months is the emotional damage that regaining weight can bring. Emotionally and psychologically, I have a very difficult time with self-acceptance and self-worth. When you are in a constant struggle of up and down, gaining and losing, you will also have a psychological war waging within. "I love how I feel when I'm losing," "I hate myself for gaining." This is not healthy either. Health encompases all parts of our being, our physical, mental, emotional and spiritual states combined. This is what makes us unique. When one of those parts is out of balance, the rest will be too. Educate yourself on healthy, proven, maintainable eating strategies which will allow your loss to be much longer lasting. While I cannot guarentee that will improve your self-image, I'm certain that for myself, it can't hurt!

I meant to write tonight of the impact that the TRUTH has had on me over the last several months. Not only with my personal weight gain and epiphanies on sustainable loss strategies, but also in recent events within the Kimkins TRUTH vs DECEIT saga. I will have to get into that at another time, but let me leave you with this. The truth is evident to all. With the recent victory in claiming (once again) class certification in the lawsuit against the Kimkins fraud, it is apparent that regardless of excuses and attempts to cover-up and clean-up, the TRUTH speaks for itself.

Important Lawsuit Information

This request was penned by my good friend Prudentia.. Please take a few moments to review this and feel free to contact either myself, Prudentia, or the Kimkins Case email if you would like more information about how you can help.

John is working diligently on the Certification Brief for the class action lawsuit against Heidi Diaz and Kimkins. The following is the information we are pulling together for him as he is finalizing the brief. If you can provide any of this information, please forward it either to PrudentiaBlog@aol.com, or to KimkinsCase@gmail.com. If you are concerned about becoming involved, please contact me and I will be able to discuss this further with you.


1. We are compiling a list of people who saw the person known as Kimmer, including the avatar of herself, on the Low Carb Friends board during the actual period of time she was there – during 2002 through mid 2006. You can simply send an email stating that you saw her and your name will be added to that list.

2. We are looking for more persons who dealt with Heidi while she was impersonating a consumer simply promoting the diet. For example, people who became involved in her free clothing give away. Particularly people who dealt with her as Vanessa2Lucky@yahoo.com.

3. We are looking for advertisements clearly stating that she was offering a life-time membership. These can be from between the dates of February 2006 and October 2007.

4. Heidi stated in advertisements that her diet is good for persons with Type II Diabetes. We are looking for people who read that advertisement and joined Kimkins based upon that claim.

5. We are compiling a list of those who have been banned from the Kimkins site. Please include whether or not you are “super banned” or if you can still access the front page but not the boards and membership only areas.


Again, please forward these items to PrudentiaBlog@aol.com or KimkinsCase@gmail.com so that we can compile the replies and sort out duplicates. Thank you very much for your assistance in these matters.

The SLAPP heard round the world...

I’m typically a very mild mannered person. I hate confrontation. In my personal life, I usually take too much on myself before I meet someone else head-on. That being said, in my online turned real life, I have recently been “called out.” My blogging life as of late has been an attempt to focus on sharing from my own life how I feel a healthful weight loss lifestyle should be incorporated. Part of that information sharing has been a warning and caution about succumbing to weight loss scams such as the “Kimkins” diet.

As most of my readers know, I lost my weight by (and developed an eating disorder from) utilizing the Kimkins program. I have spent the last year in an attempt to recover from that experience. This year has also seen a multitude of other changes and involvements. These changes include a class-action lawsuit against the perpetrator of the Kimkins scam, as well as my own enrollment back in college to obtain a degree in nutrition so that I can share a VALID way of eating with those around me who are struggling. The lawsuit I believe is going very well… well… that is, until Heidi Diaz decided that it would be in her best interest to try to squelch me and my fellow outspoken advocates by filing a SLAPP lawsuit against us. For more information on exactly what a SLAPP lawsuit is, please visit my good friend, Prudentia, as she eloquently explains here: Understanding SLAPP.

The purpose of this counter-suit is clear, to intimidate us into silence. Well… as far as I can see, the opposite has happened. Instead of a muffler, we have been given a megaphone. All I can say at this point is thank you. Thank you Prudentia for explaining so fluently and your undying support; thank you “ducks” for your amazing efforts in spreading the word to help others; thank you to my fellow counter-suit defendants, you all are an inspiration to me; THANK YOU John Teidt for your tireless work and outstanding bravado, and yes… thank you Heidi, for showing me just why I cannot be silenced. I have done nothing but tell the truth about my experience with the Kimkins program. Such is my first amendment right. And now, my fellow defendants, ducks, and readers I have a message:

Past, Present and Future

I will resume blogging about the Mediterranean Diet very soon, however it has been brought to my attention that there are those who are members of the dangerous Kimkins diet program who are STILL unaware of the scam, and even if they are aware of a "scandal," still think it's none of their business and see no point or reason to joining the Kimkins lawsuit. If you are one who is just becoming aware of these issues, I'd like to speak to you for a moment.

Let's go back about a year and a half ago. You’ve reached the point that so many of us who have dealt with weight issues have come too. You’re tired, and in a word, desperate. You hear of a program that gives the glorious promise that it, in and of itself, is even BETTER than Gastric Bypass surgery. Maybe that is something that you’ve considered in the past, and are at the point of seriously trying. But you want to give a weight loss regime one last try. It looked easy enough... price was less than what you've spent before, and the stories sounded too good to be true! So you joined Kimkins.

You try it for a week, maybe even a month and while it works, you decide that just like all the other programs you’ve tried.. you just can’t stick to it. So you quit and go on with your life. You don't think about it again, till you reach yet another point of desperation... and so you go back. Something has changed. The forums are dead. All the familiar faces that you spoke to and maybe even looked up to for inspiration are gone. There is a reason, so you begin looking around on the internet for answers.

You discover that this program is different. Unlike other legitimate weight loss programs, this particular program was not only begun as a blatant scam, those who have followed it for any extended period of time have become sick.

These are not people who were prone to eating disorders. These are normal individuals who have developed serious psychological issues thinking that they just were not strong enough to follow a diet program.

Those who did follow it, EXACTLY AS WRITTEN, have severely damaged their metabolisms, suffered thyroid damage, gall bladder damage, intestinal issues, severe hair loss, electrolyte and potassium deficiencies, major muscle loss (including heart damage) all of which have seen many in emergency rooms, facing surgeries and extended and lengthy recovery times. These issues are not exaggerations. They are life threatening realities.

The owner of Kimkins dot com not only admitted under oath that she lied about her own weight loss, but she has shown no concern or care towards those who have been damaged by the diet that she published and voraciously broadcast around the world.

Heidi K Diaz, founder of Kimkins, not only scammed you and me out of our money, but has risked thousands of people’s lives with her carelessness.

In October of 2007 a lawsuit was launched because of Heidi’s refusal to refund unsatisfied customers their money. This lawsuit has become even more than a quest to “get money back.” Heidi has since proven that not only did she intentionally perpetrate this particular scam, but she fully intends to continue dishonestly swindle unknowing and unsuspecting consumers unless she is brought to justice.

Many people have used the rationalization that “I have spent hundreds, maybe even thousands of dollars on other weight loss remedies, and this is just one more, so I have no reason to get involved in a “petty” lawsuit just to get my $59.99 back.” Maybe that is where you are.Consider this, over the course of the last year, Heidi Diaz has deceitfully obtained almost 2 Million dollars. In the month that the Woman’s World magazine article came out, Heidi accumulated 1.3 million. All these funds were obtained on the basis of a fraud. While one payment of $59.99 might seem minuscule to some, in accumulation, they were an incredible sum. So far in the lawsuit there have been multiple depositions, not only of Heidi, but those who have aided her in her deception. Heidi has had 3 depositions, both her sons have been deposed, as has an aid for her lawyer.

The lawsuit is not certified yet, so it is NOT too late for you to participate!

Please go to The Kimkins Lawsuit Webpage for information on how to join the lawsuit. For step by step instructions you can see the “How To Join a Lawsuit” instructional video on YouTube, as well as multiple other reports regarding developments over the last year within this case.If you are still not convinced that you should step in and help by joining the lawsuit, then think of this: Suppose it was your sister, or mother who had been damaged such as many of the testimonies on Kimkins Survivors. What if one of them suffered a painful and extended stay in the hospital due to malnutrition and possibly even heart failure due to their body being so deprived of nutrients it began to shut down? Even if you have not experienced any of these things, there are those who have. Please take 5 minutes to review the information on joining the lawsuit so that together we can stop Heidi Diaz from continuing to hurt people in this manner.



Our desire is that Heidi Diaz would realize the err of her ways and shut down Kimkins dot com. This however, is unlikely to happen. Our hope and course of action now will be to demonstrate to the judicial system the danger that she poses as a con-artist to the general public. We will civilly remove her funds through this Class Action Lawsuit, and criminally, prove that she committed a dangerous consumer fraud to whatever entities may be pursuing this case. The more participants within the lawsuit, the greater our chances of both of these objectives happening.

Heidi has fully demonstrated that she will continue to find new ways to con unless we are successful. She has refused to be honest in ALL of her depositions, has destroyed evidence, hidden her income, and manipulated the justice system through delay tactics that will only continue to drain money away from those who deserve to get their money back. Please think about those who have been hurt. You will not be required to testify or face Heidi. You will only be lending a voice to many.


This post was originally put together for MissMerize AKA Avenue girl who is putting together an informational video to share with those who are still not aware of the atrocity that is Kimkins.

In Her Own Words...

When I began my blog last September I named in “The Journey” inspired by Robert Frost’s classic poem: “The Road Not Taken.” The journey even over the last 6 months has been a learning experience to say the least. When making my decision about which way to take my life I was faced with some extraordinarily difficult decisions.

TWO roads diverged in a yellow wood,
And sorry I could not travel both
And be one traveler, long I stood
And looked down one as far as I could
To where it bent in the undergrowth;

I looked and looked at my options. However I was finally faced with a conflict. A conflict of spirit and conscience in knowing that by staying on the “easier” road that would not only provide financial security but fame and recognition, I would be sacrificing something much greater.

I shall be telling this with a sigh
Somewhere ages and ages hence:
Two roads diverged in a wood, and I—
I took the one less traveled by,
And that has made all the difference.

We are told throughout life that the grass is always greener on the other side. We are tempted by the glamour and glitter of the easy way. I was baited with promises of money, notoriety, and authority. The road and journey I have chosen has not provided these things. However, it has made all the difference because of the joy that I have found in finally foreseeing a desire that I obtained as a child.

I used to tell people when I was little that I wanted to be a nurse because I wanted to help people. I know that “to help” is pretty vague, however that has always been my underlying drive. I believed when I began working for the Kimkins program that I was finally achieving that goal. This compounded my distress when I began learning of the complications that so many were developing by emulating me and my “success.” Instead of helping… I was harming.

It has been said that the reason that I have taken up the crusade to campaign and speak out against the Kimkins program is because I am mad at Heidi and that we have some kind of personal war between us. There is nothing farther from the truth. Yes I was angry and hurt when I discovered the truth about Heidi and the scam that is the Kimkins program. But what has hurt me even greater is the apparent disregard for those who have been hurt by utilizing the low calorie methods that are a result of using the Kimkins program.

In watching some of the deposition video last night I realized just how little the welfare of Kimkins members means to Heidi Diaz. Please take a few moments to watch this exclusive program put together by Insider Exclusive.




My heart is hurting today Heidi. This was never about you and me. This was never about “losing” my job. I knew when I wrote you in an attempt to answer the concerns and issues that were arising within Kimkins that it would be the end of our relationship. In this clip we were shown more of the deposition in which you admitted that your own privacy was more important to you than the truth to your members. Never mind that we had based our lives and health on what YOU had said and the “fact” that you had done it and were healthy and living well.

Current Kimkins members, Delaney, Gary and all others who continue to support Heidi and this program. Please take about 15 minutes or so and watch this clip. Listen to Heidi’s own words and really take some time to think about whether it is worth it or not. Is it worth your own health and that of many others supporting someone who, under oath, admitted that her “privacy” was more important than the health and well being of her members.

It wasn't to me.