Friday, May 29, 2009

Kimkins Plantiffs Depositions

The five principal plaintiffs in the Class Action Suit against Kimkins have been deposed by our lawyer John Tiedt and Heidi's lawyer Peabody.

I have no details about what was covered during the depositions, but in my opinion it would be a fairly simple process to determine fraud on the part of Heidi Diaz. For example:

Q: Did you sign up for the Kimkins Diet based on Heidi Diaz' claim of losing 198 pounds in one year and maintaining that weight loss for 5 years?
A: Yes.
Q: Did you believe that the pictures Heidi posted as her own were indeed true pictures of herself?
A: Yes.
Q: Would you have paid money to Heidi Diaz if you knew that these claims were not true?
A: No.

Case closed.

Now, I think the depositions were a little more involved than this but I can not see how Peabody could argue (on behalf of Heidi) that there was no fraud. Especially as she has admitted the fraud herself during her depositions.

Peabody can hardly claim that the five principals are not representative of the class either. Were we not all equally defrauded of our membership fee based on Heidi's false claims?

The court order for Class Certification has been posted on the Riverside Court website. Or, you can read it here: Court Order.

John Tiedt continues to excel. The court order states:

  • Plaintiffs' claims are typical of the claims of the other members of the class
  • All requests for judicial notice on behalf of Plaintiffs are granted
  • Defendant's evidentiary objections have been overruled
Is this the beginning of the end of Kimkins.con?

Thursday, May 21, 2009

Kimkins Class Action Certified

Two years after the now infamous Kimkins Woman's World article came out, there is now a certified Class Action Lawsuit against Kimkins.

The certification was actually granted back in January 2009 but it was deemed an invalid decision due to Heidi Diaz of Kimkins having filed for bankruptcy just days prior. With the bankruptcy suit being dismissed, the certification hearing was put back on the case agenda and certification was finally granted.

For the January hearing, Heidi did not bother to file any opposition to the motion for certification. She surely relied on the bankruptcy to resolve the issue for her. However, the end result was just a few months delay.

This time, she did file an opposition. Or, her lawyer did, Mr. Peabody. He tried to claim that the principals were not representative of the class and therefore each plaintiff would need to sue Heidi individually.

It's hard to understand his reasoning for this claim. The lawsuit is not about the nutritionally bankrupt Kimkins diet, but about fraud. The fraud consists of lying about her own weight loss and using pictures of other people for herself and other "success" stories.

The claim by the plaintiffs is that we all paid money to Heidi Diaz based on her fraudulent claims of her own successful weight loss using her diet. How can the principals NOT be representative of the class?

I would like to thank ALL the principals that represent me and the other plaintiffs. I know that there is work involved on their part; papers to fill in and send to our lawyer John Tiedt, phone calls and depositions. Thank you all for hanging in there during this long process!

Sunday, May 3, 2009

Why I Like Kimkins

"Why I Like Kimkins" is the topic for the Kimkins essay contest. Affiliate Scams and Prudentia already wrote their essays. Somehow, I don't think they will be among the winners.

So who could write the winning essay? One of the success stories already featured on the Kimkins website? Someone that lost 144 pounds in a year by eating like this:

This is the boot camp menu that was recommended during the time this success story lost her weight.

This example provides:
Calories: 594
Fat: 26 grams
Carbs: 16 grams
Protein: 74 grams

So who would like to eat like this for a year? This is what she said in her success story:

"Being in ketosis has really helped me not have cravings and be able to pass up temptations. This journey has been so amazing! Many people say they could never do this because they love carbs, breads, sweets, etc. Well, so do I! I eat chicken and eggs almost daily and still love them!"

So where is she today? Trying to maintain, or rather, trying to take off 20 regained pounds.

"I am plugging away, but frustrated that I am sticking to it and working out and the scale is not going down! This is when I want to just give in and eat what I want, but then I do further damage! I must be strong! When I was losing the first time, I didn't let myself have the option of eating something not on Kimkins, I need to think that way now!"

So how can this be given a positive spin for the topic "I Like Kimkins"?

I don't know. I can just find reasons why I do NOT like Kimkins. Like having to stay on starvation level of calories to maintain any weight loss.