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?
Q: Did you believe that the pictures Heidi posted as her own were indeed true pictures of herself?
Q: Would you have paid money to Heidi Diaz if you knew that these claims were not true?
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