Sunday, January 11, 2009

Busy Court Month for Kimkins

The Kimkins Class action suit is moving along with a snail's pace, as legal cases generally do. After the first filing more than a year ago, we have finally reached the point of having a hearing for the motion for Class Certification. This is scheduled for 01/14/2009.

Kimkins is no longer represented by a lawyer. Heidi Diaz will represent herself, unless she finds a new lawyer the next couple of days.

So will she show up? She doesn't have a good track record for court appearances in the past.

What happens if she doesn't show up? Unless she has filed some type of excuse I would assume that there will be a default judgment in favor of the plaintiffs, i.e. class action certification will be granted. I may be wrong.

The next scheduled court hearings are on 01/27 and 01/28. These are a number of similar hearings all dealing with determining jurisdiction for the defendants in Heidi's counter suit (SLAPP suit). As none of them is a resident of California it is not that obvious that they can be sued in Riverside Court.

What happens if the plaintiff, Heidi, doesn't show up at the hearing for HER counter suit? I would assume that it is dropped. Again, I could be wrong.

The third item in court is a hearing on 01/29 in Small Claims Court. The City of Corona is suing her for failing to pay a business license fee. They are not asking for much money at all, and it wouldn't surprise me if Heidi has already paid it. But then, it didn't make sense not to pay it in the first place. I would expect her not to show up for this hearing and just get a default judgment against her. Leaving the City of Corona having to try to collect the money owned.

1 comment:

MrsMenopausal said...

Busy, busy, busy. That's what the month of January is for Heidi Diaz. How will she ever find the time to represent herself and still manage to liter the internet with her numerous attempts to lure in more customers? I guess it's all about knowing how to delegate responsibility to those in your employ. May I suggest a small splurge on a bag of new socks so everyone can look their best for court?